Why Can't the Indian Government Send RAW Officers to Kidnap Vijay Mallya and Nirav Modi Back to India?

Introduction

It's understandable to be frustrated by the ongoing legal standstill in the cases of India's high-profile fugitives, such as Vijay Mallya and Nirav Modi. However, the reality is significantly more complex. This article aims to provide clarity on the current legal and practical challenges involved in bringing these individuals back to India, focusing on the critical aspects of jurisdiction, extradition treaties, and international law.

Legal and Practical Challenges

Legal Protection under International Law: The primary issue lies in the legal protections these individuals enjoy in their host countries, particularly the UK. Vijay Mallya has UK residency since 1992 and is registered as a voter in Hertfordshire. This not only provides him with certain legal protections but also means that he is under British jurisdiction.

Furthermore, Vijay Mallya and Nirav Modi are British citizens, and their safety is protected by the British government. Attempting any form of abduction would not only break the treaty between the two nations but could also lead to a case being heard at the International Court of Law. In such a scenario, India's motives would be scrutinized, potentially harming its international standing.

Extradition Treaties and Legal Procedures

Extradition Treaty Absence: Currently, there is no extradition treaty between India and the UK, making the legal process for their return significantly more cumbersome. The Indian government would need to make a formal request for extradition, which would then be processed by the British courts. However, the process can take years, given the stringent legal requirements and the possibility of appeals.

Vijay Mallya is currently facing an appeal in the High Court (HC), with a decision expected by June-July 2020. If he loses this appeal and is convicted, he could face extradition and return to India by 2021. Similarly, Nirav Modi's case is moving through the legal system, and it is anticipated that he will also be brought back by the same timeframe.

Critique of Current Legal Developments

Government Assisted Escape: Critics argue that the Indian government's role in aiding the escape of these individuals is paradoxical. It is pointed out that the Modi government offered assistance to both Vijay Mallya and Nirav Modi during their initial escapes, only to now claim jurisdiction over them after they sought asylum. This has been seen as a clear example of hypocrisy and a lack of consistency in legal enforcement.

Modi Government's Priorities: There is a critique of the Modi government's priorities, suggesting that their focus on bringing these individuals back is purely for political gain, rather than genuine justice. The suggestion is that the government is not truly committed to the rule of law and is more concerned with maintaining public image and controlling public perception.

Conclusion

Bringing Vijay Mallya and Nirav Modi back to India is a significant legal and practical challenge, underscored by international law, extradition treaties, and the complexities of the current legal system. While the Modi government's actions in assisting their escape are seen as hypocritical, the current legal framework makes it difficult to achieve these objectives directly. The citizens of India should remain informed and engaged in demanding accountability and justice from their government.

Related Keywords

India Vijay Mallya Nirav Modi Extradition Law Enforcement