Create special jails for fugitives in every state, cancel passports after red notice: Amit Shah

New Delhi, Oct 16 (PTI) Union Home Minister Amit Shah on Thursday suggested the creation of a special prison for fugitives in each state that meets international standards, and cancel the passports of those facing Interpol red notices to blunt their claims of mistreatment upon extradition and stop their free movement across borders.

Several fugitives, including Vijay Mallya, Nirav Modi and Mehul Choksi, have raised the issue of “poor conditions” of Indian prisons to counter their extradition in foreign courts.

Inaugurating a conference on 'Extradition of Fugitives - Challenges and Strategies' organised by the CBI, Shah said, "Till the time we create fear for the Indian legal system in the minds of fugitives who are hurting the Indian economy, our sovereignty, and our security from abroad, we cannot ensure security of the country.” India has 338 extradition requests pending with various countries to bring back fugitives wanted for financial crimes, terrorism, and narcotics smuggling, among others.

Shah said the passports of fugitives could be red-flagged upon the issuance of an Interpol Red Notice against them.

"It is not a difficult thing to do with the present technologies. When a red notice is issued, the passport should be cancelled to block the fugitive's international travel. If we can build this provision into the system, it will help bring back the fugitives," he said.

Giving his suggestions on the actionable outputs to be deliberated during the two-day conference being attended by all the state police chiefs, the home minister said a scientific database on fugitives should be developed and shared with all the states, which should include the type of crime committed by the offenders, present location, network in the country, and the status of repatriation attempts.

He also asked every state to "create a special prison for fugitives, which should fulfil international standards", aimed at blunting the fugitives’ defence in foreign courts that their human rights will be violated if imprisoned in India, as the prisons do not meet international standards.

“This is needed because fugitives argue in foreign courts that prisons in India are not up to the standards, that their human rights will not be protected. While I do not agree with that, if it is an excuse, why give them that chance? Every state capital should have a cell which conforms to international standards in its entirety," Shah said.

The home minister also suggested the creation of a coordination group for narco, terrorism, financial, and cyber criminals in each state police department, supported by the Intelligence Bureau and the CBI.

Every state police should create a special expert cell for extradition matters, he said.

“This is an area of specialised knowledge where you must study treaties of India with other countries, international laws, and expedite the process in coordination with our domestic laws.

“At present, there are a few special cells in state police departments. I urge all the police chiefs to create such special cells as soon as possible. The CBI should also make a dedicated unit on extradition issues to guide the cells of the state police,” Shah said.

The home minister also asked the police chiefs to maximise the newly-introduced "trial in absentia" provision, under which fugitives can be tried in India. If convicted, they can appeal in the high courts only through physical presence.

The trial in absentia provision was introduced under the Bharatiya Nagarik Suraksha Sanhita (BNSS), part of the new criminal laws brought in by the Modi government that replaced the 160-year-old British-era laws.

The home minister said there is a need to develop coordination and protocols for synergy between passport-issuing agencies and law enforcement agencies.

He also said that there is a need to establish a special cell in each state police force to convert ‘blue’ notices into ‘red’ notices, and that the CBI and the IB should create special units under the multi-agency centre to successfully implement this programme.

Officials said Interpol blue notices are issued to obtain information about the location of a fugitive. Red notices are aimed at detaining them, which can only be done after chargesheets are filed.

In a number of cases, state police receive a blue notice but do not upgrade it to a red notice, even after chargesheets are filed, due to a lack of awareness, they said. PTI ABS ACB ARI