India's Home Minister Proposes International Standard Prisons and Passport Cancellation to Combat Fugitive Extradition Challenges

India currently has 338 extradition requests pending with various countries, according to official records.

Union Home Minister Amit Shah on Thursday proposed the establishment of special prisons in each state that comply with international standards, alongside passport cancellation for individuals facing Interpol red notices. These measures aim to counter claims of mistreatment upon extradition and restrict cross-border movement of fugitives.

Notable fugitives including Vijay Mallya, Nirav Modi, and Mehul Choksi have previously cited "poor conditions" in Indian prisons as arguments against their extradition in foreign courts.

Speaking at the CBI-organized conference on 'Extradition of Fugitives - Challenges and Strategies,' Amit Shah emphasized, "We cannot ensure the country's security until we create fear for the Indian legal system among fugitives who harm our economy, sovereignty, and security from abroad." The pending extradition requests seek to return fugitives wanted for financial crimes, terrorism, narcotics smuggling, and other serious offenses.

Shah recommended that passports should be red-flagged immediately when an Interpol Red Notice is issued against an individual. "With current technologies, this is not difficult to implement. Cancelling passports when red notices are issued would effectively block international travel for fugitives. Integrating this provision into the system will facilitate bringing fugitives back," he stated.

During the two-day conference attended by all state police chiefs, the Home Minister suggested developing a comprehensive scientific database on fugitives to be shared across states. This database would include details on the type of crime committed, current location, networks within India, and status of repatriation efforts.

Shah urged every state to "establish a special prison for fugitives that meets international standards," specifically to counter claims in foreign courts that human rights would be violated due to substandard prison conditions in India. "While I disagree with such characterizations, why provide them this excuse? Every state capital should maintain a facility that fully complies with international standards," he explained.

The Home Minister also advocated for coordination groups focusing on narcotics, terrorism, financial crimes, and cybercrimes within each state police department, supported by the Intelligence Bureau and CBI.

Shah recommended that state police departments create specialized expert cells for extradition matters. "This requires specialized knowledge including study of treaties between India and other countries, international laws, and coordination with our domestic legal framework. Currently, only a few states have such cells. I urge all police chiefs to establish these specialized units promptly. The CBI should also form a dedicated extradition unit to guide state police cells," he said.

The Minister encouraged maximum utilization of the newly introduced "trial in absentia" provision under the Bharatiya Nagarik Suraksha Sanhita (BNSS). This provision allows fugitives to be tried in India while absent, but requires physical presence for any high court appeals if convicted. The BNSS is part of new criminal legislation introduced by the Modi government, replacing colonial-era laws dating back 160 years.

Shah highlighted the need for improved coordination between passport-issuing authorities and law enforcement agencies. He also called for special cells within state police forces to upgrade Interpol 'blue' notices to 'red' notices when appropriate, with support from the CBI and Intelligence Bureau through the multi-agency center.

Officials explained that Interpol blue notices are issued to locate fugitives, while red notices aim to detain them after formal charges are filed. They noted that in many instances, state police receive blue notices but fail to upgrade them to red notices even after filing chargesheets, often due to lack of awareness about the process.