Jagjot Singh Arora, School of Law, Christ (Deemed to be University), Bangalore.
ABSTRACT
This research paper analyzes the challenges faced by the Indian Government in extraditing white-collar criminals from the United Kingdom, focusing on the impact of the Golden Visa program. Through a doctrinal research methodology utilizing various legal documents, articles, case laws, and treaties, the study explores the reasons behind the high failure rates in extradition negotiations between the two countries. The Golden Visa program, officially known as the Tier 1 Investor Visa, has been exploited by high-net-worth individuals seeking residency in the UK to evade legal scrutiny in their home countries. This loophole significantly delays the extradition process, providing legal protection to individuals accused of criminal offences. The paper delves into the defence strategies employed by accused individuals, particularly citing Article 9 of the UK-India Extradition Treaty, which outlines grounds for refusal of extradition. These defences often portray India as a morally bankrupt nation or highlight procedural inadequacies within the Indian legal system, complicating extradition proceedings further. Moreover, the research examines the procedural hurdles in extradition requests from the UK, highlighting the lengthy and cumbersome process that includes multiple layers of legal review and appeals. This sluggish procedure, coupled with issues of dual criminality and lack of effective cooperation, makes extradition from the UK especially challenging for India. In light of these challenges, the paper proposes reforms to the UK-India Extradition Treaty, emphasizing the need for greater transparency in investigations, amendments to streamline procedural laws, and mutual recognition of each other’s municipal laws. These reforms aim to address the stagnation in extradition processes and uphold principles of justice, discouraging individuals from exploiting the Golden Visa program to evade legal accountability. This research flows into the field of Jurisprudence in the form of obligations imposed on countries through mutual contracts in the form of treaties in this case the UK-India Extradition Treaty as well as in the form of procedural laws binding on countries signatories to it.
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