The Supreme Court has stressed the necessity of a comprehensive framework to address situations where foreign nationals, after securing bail in criminal cases, abscond and evade trial in India.
A Bench comprising Justice Dipankar Datta and Justice Augustine George Masih was hearing a matter concerning Alex David, a Nigerian national accused of cheating and offences under the Information Technology Act. David, who was earlier granted bail by the Jharkhand High Court in May 2022, subsequently jumped bail and has since remained untraceable. On December 4 last year, the Apex Court had already overturned the High Court’s order granting him bail.
During the latest hearing, the Court was informed that India and Nigeria do not share a bilateral extradition treaty, significantly complicating efforts to secure David’s return. Recording the submission, the Bench observed that while David’s bail had already been cancelled, the broader issue required government attention.
The Court noted that, “The special leave petition stands disposed of, confirming the order of cancellation of bail, but leaving it open to the Union Government to consider framing an appropriate policy or take suitable steps to ensure that foreign nationals do not flee the course of justice after committing crimes in India".
The Centre, through an affidavit, apprised the Court of existing guidelines relating to cross-border investigations, including letters rogatory, mutual legal assistance requests, and service of judicial documents. It also placed on record a communication from the Ministry of External Affairs acknowledging that in the absence of an extradition treaty, Nigeria was unlikely to surrender its citizen. The Indian High Commission in Abuja had nonetheless forwarded an extradition request on the basis of reciprocity.
Observing that keeping the matter pending would serve no purpose in light of these limitations, the Bench disposed of the proceedings while emphasizing the pressing need for a policy response to prevent recurrence of such instances.
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