The Supreme Court has stressed the need for a policy framework to prevent foreign nationals accused of crimes in India from fleeing the country after securing bail. The observation came after it was informed that a Nigerian national, accused in a cheating case, had jumped bail and gone absconding.
A bench of Justices Dipankar Datta and Augustine George Masih, while hearing the matter on August 26, noted that India does not have an extradition treaty with Nigeria, making it unlikely that the accused could be brought back to face trial.
The case involves Alex David, a Nigerian national booked under multiple charges including cheating and offences under the Information Technology Act. The Jharkhand High Court had granted him bail in May 2022, but the order was later set aside by the apex court on December 4, 2023.
However, by then, David had reportedly jumped bail and absconded. The top court questioned the Centre on the procedures and safeguards in place to deal with such situations. In response, the Union government submitted that while guidelines exist for mutual legal assistance, letter rogatories, and service of judicial documents in criminal matters, the absence of a bilateral extradition treaty severely limits enforcement.
The Ministry of External Affairs had also communicated that Nigeria is unlikely to extradite its nationals without a treaty, though an extradition request had been sent on the basis of “assurance of reciprocity.”
Confirming the cancellation of David’s bail, the Supreme Court disposed of the case but left it open for the Centre to consider framing a comprehensive policy or take other steps “so that foreign nationals do not flee the course of justice after committing crimes in India.”
The bench underlined that keeping the matter pending would serve no purpose in the absence of an extradition arrangement, but urged the Centre to treat the issue with seriousness to safeguard the justice delivery system.
