SC Takes Stand: Centre Must Frame Policy for Foreigners Fleeing Bail

In a significant move to plug a critical loophole in India's justice system, the Supreme Court has issued a firm directive to the Central government: devise a comprehensive policy to handle foreign nationals who jump bail and flee the country. This urgent call from the apex court underscores a persistent challenge that complicates the extradition and trial of individuals who commit crimes on Indian soil but escape abroad.

The imperative arose during a recent hearing concerning a United States national accused of murder.

This individual, granted bail by the Supreme Court, subsequently vanished, reportedly returning to the US. The case brought into sharp focus the glaring absence of a robust framework to address such scenarios, leaving justice in limbo and exposing the vulnerabilities of the current legal process.

Justices Hrishikesh Roy and Prashant Kumar Mishra, presiding over the bench, articulated the gravity of the situation.

"This is a serious issue," they declared, emphasizing the need for immediate and concerted action. The court observed that while extradition treaties exist, they are often fraught with complexities. These treaties vary from country to country, some nations may resist extraditing their own citizens, and even when approved, the process can be bogged down by lengthy legal challenges in foreign courts.

Representing the Centre, Solicitor General Tushar Mehta acknowledged the gravity of the matter.

He assured the Supreme Court that the government would thoroughly examine the issue, engaging with key ministries including the Ministry of External Affairs (MEA), Ministry of Home Affairs (MHA), and the Ministry of Law and Justice, to formulate a cohesive and effective response. The commitment reflects a willingness to address a problem that has long frustrated law enforcement agencies.

The court’s discussion also ventured into potential solutions, suggesting a "non-extradition treaty" approach.

Under this proposed mechanism, if a foreign national cannot be extradited, arrangements could be made for them to be tried in their home country for offenses committed in India. Such an approach, while complex to implement, could offer a pragmatic pathway to ensure accountability when conventional extradition routes prove futile.

This directive is not merely about a single case; it's about fortifying India's legal sovereignty and ensuring that perpetrators, regardless of their nationality, cannot escape justice simply by crossing borders.

The Supreme Court has given the Centre four weeks to consider its options and report back, signaling its intent to monitor the progress closely. This push for a unified policy is a crucial step towards creating a more resilient and equitable justice system, one that leaves no room for international fugitives to exploit legal ambiguities and evade the consequences of their actions.