Organized Crime and India’s Extradition Treaty
16 Apr, 2003 · 1018
Nihar Nayak brings out the problems of extradition in containing organized crime in India
Terrorist-Mafia (organized criminal) nexus has emerged as the biggest challenge before Indian authorities. Mafias are no longer confined to their traditional style of extortion and abduction. Their nexus with terrorist outfits and drug barons assumes a new dimension. It has been reported that mafia dons are funding money for communal violence – a phenomenon witnessed with the arrest of Maulana Hussain Umarji, a key conspirator in the Godhra carnage, on 6 February 2003. Umarji revealed that mafia dons had sent money to execute the "Sabarmati Express Operation" at Godhra railway station on 27 February 2002.
According to government sources, D-company (Dawood’s Gang) has links with international terrorist organizations like the Laskar-e-Toiba and Al Qaeda. It is also reported that Pakistan’s ISI is involved in terrorist activities in India through mafia gangs. For instance, serial bomb blasts in Mumbai in 1993 were carried out by Dawood Ibrahim at the behest of Pakistan’s ISI. The members of mafia outfits create violence in India and escape to other countries to avoid trials. The Government of India declared more than 20 terrorists in Pakistan and 40 in United Arab Emirates (UAE) as wanted. They were involved in various terrorist activities in Mumbai and Coimbatore, attack on American center in Kolkata, and Godhra carnage. To bring back these noted criminals to India, the government entered into extradition treaties with several countries under the Extradition Act, 1962.
India had entered into extradition agreements with Netherlands and Switzerland even before its Independence; though India’s campaign against terrorism goes prior to the independence period, its campaign against the mafia has intensified with the increasing violence by fundamentalist groups inside the country in the 1980s. As part of its global campaign against terrorism, India has proposed negotiations for the finalization of extradition treaties with 27 countries and initialed extradition treaties at official level with seven countries. Despite these mechanisms in place, actual extradition of criminals and terrorists is far from successful. Again, notwithstanding the post-September 11 UN resolutions and the introduction of specific measures to speed up extradition procedures, India's success at getting wanted criminals from foreign countries is not very encouraging. Till date, there have been only eight deportations, including deportation of Mustaffa Mohammed Umar Dossa, on 19 March 2003. All these extraditions were made from UAE, excluding criminals deported to India in connection with economic and other offenses.
The UAE’s detention of 110 Dawood associates, including his two younger brothers, in Dubai, on 3 February 2003 has shown a new ray in India’s extradition efforts, after the failure to extradite Anees Ibrahim in December 2002. But the release of those criminals, including Dawood’s brother, who were involved in the 1993-Mumbai blasts by Dubai authorities on 6 February 2003 made the situation critical for India. The released criminals immediately flew back to Pakistan, with whom India does not have an extradition treaty. Again, ISI needs these criminals to create subversive activities inside India and use them to procure money for terrorist activities. Barring the deportation of eight criminals, the UAE authorities have always ignored extradition treaties, when Dawood’s people were arrested or detained in Dubai. And, it has deported only those were not a member of Dawood’s gang or had any link with the ISI. Reportedly, Ejaz and Iqbal were deported only because they had strained relations with Dawood. Though UAE authorities have taken some strong steps to drive out criminals from its soil, its inability to take action against Dawood associates still remain.
On many occasions, India has failed to extradite criminals from other countries because of its existing Extradition Act framed 41 years back; even eight months after arrest, Abu Salem, a mafia don and key accused in the 1993 Mumbai bomb blasts, is yet to be transferred from his judicial custody in Lisbon.
Another impediment, especially in the case of European countries, is their domestic law and their reservations on death penalty. This has helped criminals to take refuge without any fear of extradition. Sometimes, criminals even seek the help of human rights activists or appeal before local courts to avoid extradition. Host countries should realize that criminals of another country might create similar problems in their country too. Co-operation amongst nations, commitment towards signed extradition treaties and its proper execution will definitely help to crack down the nexus between terrorists and the mafia.