Union Cabinet approves extradition treaties with Kenya, Kazakhstan and Kyrgyz

The Union cabinet, chaired by Prime Minister Narendra Modi, on Tuesday approved signing extradition treaties with Kenya, Kazakhstan, and the Kyrgyz Republic, providing a legal framework to combat transnational crimes such as terrorism, drug-trafficking and economic crimes and to seek the repatriation of fugitives from these countries.

Apart from clearing new extradition treaties, the cabinet also gave an ex-post facto approval for signing and notifying a similar agreement with Seychelles. India and Seychelles signed an extradition treaty during Prime Minister Narendra Modi’s visit there in June.

“The Union cabinet has approved signing and ratification of extradition treaties with Kenya, Kazakhstan and Republic of Kyrgyz to cooperate in criminal matters. An ex post-facto approval for signing of the treaty with Seychelles, cleared in June, was also given on Tuesday. It is one step further to strengthen our legal requirements for cooperation in many aspects with different countries,” said a senior government officer, who asked not to be named.

Prior to this, India had extradition treaties with 48 countries and extradition arrangements with 12 countries. The latest decision will take the total countries having extradition treaty with India to 52.

According to a Parliament reply by the ministry of external affairs in December last year, India has sent 137 extradition requests to foreign countries. Of these, 134 requests were accepted, of which 125 are pending with the foreign governments. Some of the prominent extradition requests are related to fugitives such as businessmen Nirav Modi, Vijay Mallya and Mehul Choksi; and Mahadev Online app founders Sourabh Chandrakar and Ravi Uppal.

The MEA said in Parliament that in the last five years, 25 fugitives have been successfully extradited to India. An extradition of a fugitive sought by India can only be done based on a court order and subsequent decision by the government of the requested country.

To be sure, overall 274 fugitives have been brought back to India from 36 countries between 2019 and 2026 but majority of them have come through the deportation route — which is a more informal mechanism in which two countries cooperate with each other. The ministry of home affairs (MHA) said in a statement earlier this month that of the 274 fugitives brought back in the last seven years, 17 were wanted in terrorism and narco-terrorism cases, 42 in organised crime, gangsters acts and extortion cases, and 53 booked in sexual offences cases, including under Pocso act.

“Under the vision of a robust and secure India, the Modi govt has pulled in the net, nabbing fugitives hiding abroad. Regardless of which country they absconded to, India’s new approach to national security has ensured the return of 274 criminals since 2019, compared with a mere four per year during the UPA regime,” home minister Amit Shah said on August 4.

The Central Bureau of Investigation (CBI), the nodal agency for all extradition requests sent from India, has already set up an “extradition cell” to analyse all proposals sent by states, Union territories, and other agencies so that “powerful, foolproof extradition requests” can be sent.