Over 550 LRs of Indian agencies pending with foreign countries: Data
Over 550 judicial requests from Indian law enforcement for evidence in various crimes are pending abroad, delaying justice and trials, CBI reports.
Over 550 letter rogatories (LRs) or judicial requests of Indian law enforcement agencies seeking information or evidence in various kinds of offences, including terrorism, financial frauds, cyber-crimes, murder, etc, are pending with foreign jurisdictions, people familiar with the latest data said, adding that “delayed LRs means delayed justice delivery as trials remain stuck in courts for years”.
The latest statistics have been compiled by the Central Bureau of Investigation (CBI), which is also the nodal agency for international cooperation sought by various other agencies and the states’ police departments.
In criminal matters, information is sought through judicial requests by approaching courts or through mutual legal assistance treaties (MLATs) and agreements signed by the government with foreign countries. Till date India has signed extradition treaties with 50 countries (yet to be ratified by Kazakhstan and Morocco). Treaties or agreements on mutual legal assistance in criminal matters are in force with 41 countries.
The CBI data, seen by HT, states that a total of 562 LRs are pending with other countries, out of which 315 pertain to CBI cases and 247 have been sent in cases being investigated by states’ police and other central agencies as on December 2023; 44 of these LRs were sent in 2023, and a reply was received in just 20. Seven LRs were closed or withdrawn by requesting agencies.
An official, who asked not to be named, said: “Even though charge sheets have been filed in important cases and bank fraud probes involving fugitives, certain aspects of investigations remain pending as foreign jurisdictions have not replied to our request(s) for information”.
“The requested countries often cite reasons such as incomplete or vague requests sent by Indian agencies, confidentiality, dual criminality, etc to reject our requests,” he said.
On the other hand, a second officer said Indian agencies try to be prompt in attending to requests from other countries. In 2023, as many as 33 LR requests were received from various countries seeking assistance in the investigation of criminal matters. Besides, six LR requests were received as additional or supplementary requests.
The data suggests that as on December 2023, 76 LRs/MLAT incoming requests are pending for execution.
A parliamentary committee on external affairs’ report stated in December 2022 that “the ministry of external affairs (MEA) should take serious cognizance of the huge pendency of requests and institute a task force to look into the reasons for the same and suggest measures for the prompt fructification of all extradition and mutual legal assistance requests pending with various countries. Simultaneously, more and more MLATs must be entered into with other important countries on priority.”
In 2022, perturbed by India’s dismal record in getting cooperation from foreign jurisdictions, the ministry of home affairs (MHA) revised the process for sending LR or MLAT requests asking probe agencies to adhere to international agreements and laws, avoid trivial queries, not to be vague, and other legal requirements. The home ministry is the central authority for sending and executing all the requests MLATs and LRs in India while ministry of external affairs is the central authority for extraditions.
In September this year, while addressing the 10th Interpol liaison officers (ILOs) conference in Delhi, Union home secretary Govind Mohan emphasised the need for close co-ordination and real time co-operation among law enforcement agencies globally to the imminent threats posed by terrorism, transnational organised crime networks, online radicalisation, illicit flow of drugs, arms peddling, cybercrime, online child sexual exploitation, human trafficking, wildlife and environmental crimes, economic offences, laundering of proceeds of crime, terror financing, etc.
Mohan said the Global Operation Centre, set up by CBI in 2022, is handling 200-300 requests for assistance, including both incoming and outgoing, on a daily basis.