Create special jails for fugitives as per International norms: Shah to states

Home Minister Amit Shah on Thursday asked all states to create a special prison for fugitives that meets international standards, and cancel the passports of those facing Interpol red notices to nullify their claims of mistreatment upon extradition and stop their free movement across borders.

He said this while addressing a CBI conference titled “Extradition of Fugitives-Challenges and Strategies”.

Shah’s comments came amid past instances where several fugitives like Vijay Mallya, Nirav Modi and Mehul Choksi, have raised the issue of “poor conditions” of Indian prisons to counter their extradition in foreign courts.

“This is needed because fugitives argue in foreign courts that prisons in India are not up to the standards, that their human rights will not be protected. While I do not agree with that, if it is an excuse, why give them that chance? Every state capital should have a cell which conforms to international standards in its entirety,” Shah said.

“Until we instil fear of the Indian legal system in the minds of fugitives who harm the nation’s economy, sovereignty and security from abroad, we cannot ensure the country’s safety,” Shah added.

India has 338 extradition requests pending with various countries to bring back fugitives wanted for financial crimes, terrorism and narcotics smuggling, among others.

He said the passports of fugitives could be red-flagged upon the issuance of an Interpol Red Notice against them.

“It is not a difficult thing to do with the present technologies. When a red notice is issued, the passport should be cancelled to block the fugitive’s international travel. If we can build this provision into the system, it will help bring back the fugitives,” he said.

Giving his suggestions on the actionable outputs to be deliberated during the two-day conference being attended by all state police chiefs, the home minister said a scientific database on fugitives should be developed and shared with all states, which should include the type of crime committed by the offenders, present location, network in the country and the status of repatriation attempts.

He also suggested the creation of a coordination group for narco, terrorism, financial and cyber criminals in each state police department, supported by the Intelligence Bureau and the CBI.

Every state police should create a special expert cell for extradition matters, he said.

“This is an area of specialised knowledge where you must study treaties of India with other countries, international laws and expedite the process in coordination with our domestic laws. At present, there are a few special cells in state police departments. I urge all police chiefs to create such special cells as soon as possible. The CBI should also make a dedicated unit on extradition issues to guide the cells of the state police,” Shah said.

The Home Minister also asked the police chiefs to maximise the newly-introduced “trial in absentia” provision, under which fugitives can be tried in India. If convicted, they can appeal in the high courts only through physical presence.

The trial in absentia provision was introduced under the Bharatiya Nagarik Suraksha Sanhita (BNSS), part of the new criminal laws brought in by the Central government that replaced the 160-year-old British-era laws.

Shah further said the Centre will bring together global operation, strong coordination and smart diplomacy to bring back fugitives from abroad.