Policy must for foreigners committing crimes in country to ensure they don't flee from justice: SC

The apex court emphasised on it after it learnt that a foreign national accused in a cheating case jumped bail and is on the run.

New Delhi: The Supreme Court emphasised on the need for a policy to ensure foreign nationals committing crimes in the country don't "flee from justice" as it expressed displeasure after being apprised that a foreign national accused in a cheating case jumped bail and is on the run.

A bench of Justices Dipankar Datta and Augustine George Masih asked the Union government to mull framing a policy for foreigners allegedly jumping bail.

In a case, the court noted that a Nigerian national, Alex David, accused of various offences, including cheating, besides the Information Technology Act, jumped bail and went absconding.

The court also expressed serious concern over the fact that there was no bilateral treaty between Nigeria and India over extradition of a Nigerian national to face criminal proceedings in the country.

The Jharkhand High Court had in May 2022 order granted bail to accused David.

The state government challenged the order in the top court, and it came to record that the accused, David allegedly fled from India.

The court had on December 4, 2024 set aside the HC order of granting bail to David and directed the Centre to take appropriate measures.

The court confirmed the order of cancellation of bail but left it open to the central government to formulate an appropriate policy or initiate further action as deemed necessary so that foreign nationals do not flee the course of justice after committing crimes in India.

Subsequently, the Centre filed an affidavit, informing about the presence of comprehensive guidelines for investigation abroad and issue of letter rogatory, mutual legal assistance request and service of summons, notices and judicial documents with respect to criminal matters.

On August 26, the counsel appearing for the Centre placed before the bench a communication addressed to the Solicitor General by the consultant (legal) of the Ministry of External Affairs.

The bench recorded the content of the communication which read, "However, it may be noted that in the absence of a bi-lateral extradition treaty between India and Nigeria, the Nigerian authorities are unlikely to extradite their own national."

The communication further clarified that the extradition request was sent to the High Commission of India in Abuja, Nigeria, on the basis of "assurance of reciprocity" for the onward transmission to the Nigerian authorities concerned.