INDIA

Extradition Chain

On March 31, 2019, the National Investigation Agency (NIA) arrested Jaish-e-Mohammad (JeM) cadre Nisar Ahmad Tantray from the Indira Gandhi International (IGI) Airport in capital New Delhi. Tantray is reportedly the mastermind behind the December 30-31, 2017, Lethpura (Jammu and Kashmir) CRPF camp attack, which resulted in the death of five Central Reserve Police Force (CRPF) personnel. He was extradited from United Arab Emirate (UAE), and will initially remain in NIA custody till April 10, 2019.

Tantray is the 21^st fugitive extradited by the UAE to India till date (April 2, 2019). Aftab Ahmed Ansari was the first to be extradited by the UAE, or for that matter any country, to India on February 20, 2002. Out of 21 fugitives extradited by UAE so far, at least 11 (including Tantray) were facing terrorism charges, while the remaining 10 were facing other charges, including criminal conspiracy (3), economic offenses (2), murder (2),  organized crime (1), Sara Sahara Complex Case (1), and criminal conspiracy and kidnapping (1).

In total, at least 71 fugitives (including the 21 from UAE) have been extradited by foreign governments to India till date, according to the Ministry of External Affairs Website, including nine from USA; six from Canada; four from Thailand; three each from Germany and South Africa, two each from Australia, Bangladesh, Belgium, Indonesia, Mauritius, Portugal and Singapore; and one each from Bahrain, Bulgaria, Hong Kong,  Morocco, Nicaragua, Nigeria, Oman, Peru, Saudi Arabia, Tanzania, and UK. At least 19 of these 71 fugitives were extradited for offenses related to terrorism, while the remaining 52 were extradited for other criminal offenses, including 15 for murder. 

The MEA website does not list two major deportation from Saudi Arabia: the June 21, 2012, deportation of 26/11 (November 26, 2008) Mumbai (Maharashtra) terrorist attacks handler, Abu Hamza aka Sayeed Zabi ud Deen aka Zabi Ansari aka Riyasat Ali aka Abu Jundal; and the October 6, 2012, deportation of Lashkar-e-Toiba (LeT) terrorist A. Rayees, accused in the case of the seizure of explosives in Malayalamkunnu under Chakkarakkal Police limits (Kannur District of Kerala) in 2009. Interestingly, the arrest of Yasin Bhatkal, thought to be Indian Mujahideen's (IM) 'operational chief' on Indian soil, in the night of August 28, 2013, also had the signature of UAE cooperation. There are some indications that Bhatkal may, in fact, have been handed over to Indian agencies by authorities in UAE, and was then brought to India through Nepal, essentially to cover up the UAE's increasing cooperation with Indian authorities on issues of terrorism.

Though the exact number of extradition requests made by India is not available, the Indian Parliament was informed on December 6, 2016, that 110 extradition requests had been made to various foreign countries (the time frame was not mentioned). On December 26, 2018, however, the Government informed the Parliament that 132 extradition requests, as received from Law Enforcement Agencies / Courts for various offences, had been forwarded to foreign governments in the preceding four years.

Meanwhile, out of 24 foreign countries which have extradited fugitives, India has extradition treaty or extradition arrangements with 21, barring Nicaragua, Nigeria, and Portugal. Till 2013, India had extradition treaties with 43 countries and extradition arrangements with another 10. Since then, India has signed extradition treaties with another four countries.

In past, the extradition of fugitives involved in terror acts from Gulf countries in particular, helped Indian security agencies resolve several cases, and more importantly helped further establish Pakistan's Inter-Services Intelligence's (ISI's) direct role in subversive activities on Indian soil. Notably, one extradited fugitive, Abu Jundal among other things revealed that a waaris (heir or pointsman) of the "forces", a likely reference to the Pakistan Army and ISI handlers, had overseen the entire 26/11 operation. Similarly, Yasin Bhatkal made revelations about direct role of the ISI. He reportedly told his interrogators,

In this context, Tantray's recent extradition will provide further evidence to Indian investigators to nail Pakistani lies on its role in terrorist activities in Jammu and Kashmir in particular, and India at large. Meanwhile, New Delhi must further strengthen its ties with the Gulf countries so that it can secure the extradition of the remaining Pakistan-backed terrorist leaders who have long treated these countries as a safe haven.

Ajit Singh
Research Fellow, Institute for Conflict Management