By Gautam Debroy
New Delhi: Along with the extradition of 26/11 Mumbai attack conspirator Tahawwur Rana from the United States of America (USA) to India, the recent visit of Prime Minister Narendra Modi has also expedited the extradition process of other terrorists and criminals hiding in the American soil. As per records, 65 requests for extradition of fugitive criminals have been made by India to the USA authorities.
Official sources said that the request containing the names of terrorists and criminals made by India to the US authorities included David Coleman Headley, for his involvement in the 2008 Mumbai attacks.
Among the prominent names on India's list are gangsters Satinderjit Singh alias Goldy Brar, Anmol Bishnoi-wanted for their alleged involvement in serious crimes, including the murder of Punjabi singer Sidhu Moosewala. Anmol Bishnoi, brother of jailed gangster Lawrence Bishnoi, was arrested in the US in November 2024.
Government records in possession of ETV Bharat stated that Harjot Singh from Firozepur in Punjab who is also in the most wanted list of National Investigation Agency (NIA) in connection with NIA case RC- 37/2022/NIA/DLI (Unlawful Activities of Proscribed Terrorist Organizations in the various Parts of the Country) has been included in the list provided by India.
Similarly, Kashmir Singh Galwaddi alias Balbir Singh, a resident of Ludhiana in Punjab, who is wanted in connection with the investigation of NIA case no. RC-37/2022/NIA/DLI dated 20.08.2022 (conspiracy of KLF, BKI & ISYF to wage war against the country) is also included in the list submitted to the US by India. Both Harjot Singh and Kashmir Singh Galwaddi were last spotted in the USA, a government official said.
The NIA has also issued a blue corner notice against Harjot Singh requesting Interpol to collect additional information about his identity, location or activities in relation to criminal investigation.
Government’s Response In Parliament
The Ministry of External Affairs is the nodal Ministry for Extradition matters. "As per records received from the Ministry of External Affairs, a total of 178 requests have been made to countries for the extradition of fugitives, including persons involved in terrorist activities in the country during the last five years," said Minister of State for Home, Nityanand Rai in the Parliament.
"Since January 2019 till December 2024, a total of 23 persons have been successfully extradited during the last five years," Rai said.
Extradition Treaties With 48 Countries/ Extradition Arrangements With 12 Countries
The Centre has been making diplomatic efforts for the extradition of fugitive criminals. Till date, India has signed extradition treaties with 48 countries and territories and entered into extradition arrangements with 12 countries.
"It is the policy of the Government to conclude extradition treaties with as many countries as possible so as to ensure that fugitive criminals do not escape justice," Rai has informed. Malawi, Lithuania, and Afghanistan are the three countries with the latest extradition treaties signed in the last few years.
The US, UAE, UK, Philippines, Russia, Israel, Canada and Bangladesh are some of the countries with whom India has extradition treaties.
Extradition Treaties & Extradition Arrangements
An "extradition treaty" is a formal, legally binding agreement between two countries signifying the conditions under which they will extradite criminals to each other. On the other hand, an "extradition arrangement" is an understanding between countries to cooperate on extradition, without any legal specifications as a treaty and it is a verbal or implied commitment to assist with extradition procedures.
Recent Extradition
In January this year, red notice absconder Virendrabhai Manibhai Patel wanted by Gujarat police for cheating, forgery and criminal conspiracy, was extradited to India from the USA through INTERPOL channels. Similarly, Janarthanan Sundaram, a red notice absconder wanted by Tamil Nadu police for financial fraud, was extradited to India from Bangkok through INTERPOL channels.
In February, gangster Joginder Gyong, wanted by Haryana and other States for criminal conspiracy, murder, and other heinous crimes returned from the Philippines through INTERPOL channels.
Government Bear The Cost Of Criminals
The costs spent on the extradition of criminals include legal fees, transportation expenses, and temporary detention in foreign countries. After their extradition to India, the costs involved food, security, medicine and clothing.
"In the case of extradited criminals, there is no dedicated budget for this. The costs are generated within the overall budget of the Ministry of External Affairs and Home Ministry," a government official said. However, as the prison is a state subject under the 7th Schedule of the Constitution of India, data of expenditure on prisoners is not maintained centrally, the official added.
Earlier, an RTI query filed by Athak Seva Sangh chairman Anil Galgali revealed that both Maharashtra and the union government spent Rs 28.46 crore to provide food, security, medicines and clothes during Ajmal Kasab’s confinement in Arthur Road Central prison in Mumbai and Yerwada jail in Pune. Kasab was hanged on November 21, 2012, after being arrested on the night of November 26, 2008, during the Mumbai attacks.
"Definitely, the government spends huge amounts of money for an accused till he or she is convicted," said renowned security expert Brigadier (Retd) BK Khanna.
Will Trial In Absentia Help Government
A trial in absentia under the newly implemented Bharatiya Nagarik Suraksha Sanhita (BNSS) is a criminal trial that takes place without the accused person being present in court. The trial in absentia is applicable in certain circumstances especially when the accused has been absconding to avoid trial.
"The trial in absentia would definitely help the law enforcing agencies as well as the courts to continue the trial against the accused person in case he or she is absconding," said a senior NIA official.
Echoing the same view, renowned Constitutional expert Satya Prakash Singh said that a trial in absentia would give an edge to law-enforcing agencies.
"Under the process of trial in absentia, a trial can continue in the absence of an accused, and once the accused is arrested, he would only be given a chance to defend himself,” said Singh.
