Karnataka’s legal assistance request to foreign countries: 27 pleas, 7 replies, 0 breakthroughs

Bengaluru: In the last two years, the Karnataka police made 27 requests to various countries seeking information related to criminal cases under the Mutual Legal Assistance Treaty (MLAT).

However, they received only seven responses, none of which provided actionable information.

All seven responses were either rejections or requests for clarifications, underscoring the significant challenges faced by law enforcement in obtaining evidence from foreign nations.

One of these responses pertained to the high-profile Bitcoin case involving serial hacker Srikrishna, alias Sriki. However, it merely sought additional details from the investigators.

The Criminal Investigation Department (CID), Karnataka's nodal agency for handling MLAT requests, channels these through the Ministry of Home Affairs (MHA), which then forwards them to the respective countries.

A senior CID officer attributed the low success rate to the complex criteria involved in drafting requests under MLAT.

"The agreement and request format differ for each country. We must thoroughly understand the target country’s legal framework to ensure our request aligns with it, which is a challenging task," the officer explained. "Even minor conflicts with their laws can lead to rejections or demands for revisions."

Strict privacy laws in many countries further complicate the process, acting as barriers to obtaining critical information.

"It is rare for us to receive actionable information through MLAT," the officer added.

Of the seven responses Karnataka received, all came from countries with relatively lenient privacy laws, noted another CID officer.

In some cases, investigators attempt to bypass MLAT protocols by using informal channels, but these efforts have so far been unsuccessful.

"For instance, a cryptocurrency exchange with an Indian office and US headquarters was approached for information related to a high-profile case. Their regional office directed us to follow the formal MLAT process and contact their headquarters," the officer said, highlighting the hurdles involved.

Despite these difficulties, the officer maintained that seeking information through informal means is not illegal.

"In court, what matters is the evidence itself, not how it was obtained," he said.

What is MLAT?

The Mutual Legal Assistance Treaty (MLAT) enables India to seek cooperation from foreign countries in criminal investigations. It facilitates evidence sharing, interrogation of suspects in foreign jurisdictions, and gathering information relevant to criminal cases.

India has MLAT agreements with 40 countries. Switzerland was the first to sign the treaty with India in 1989, according to the Ministry of Home Affairs (MHA).