NEW DELHI, September 3 — The Supreme Court of India has called upon the Central Government to consider formulating a comprehensive policy to prevent foreign nationals accused of crimes in India from absconding after being granted bail. The directive came in response to a case involving a Nigerian national, Alex David, who allegedly fled the country after securing bail from the Jharkhand High Court in May 2022.
A bench comprising Justices Dipankar Datta and Augustine George Masih expressed concern over the absence of a bilateral extradition treaty between India and Nigeria, which has hindered efforts to bring the accused back to face trial. The court noted that without such a treaty, Nigerian authorities are unlikely to extradite their own citizens, even in cases involving serious criminal charges.
David was booked under multiple sections of the Indian Penal Code, including cheating and forgery, as well as provisions of the Information Technology Act. After his bail was challenged by the Jharkhand government, the Supreme Court set aside the High Court’s order in December 2024 and cancelled the bail. However, by then, David had reportedly absconded, prompting the court to examine the broader issue of foreign nationals evading justice.
During the hearing on August 26, the Centre submitted an affidavit outlining existing guidelines related to international criminal investigations, including procedures for issuing Letters Rogatory, Mutual Legal Assistance requests, and the service of judicial documents abroad. The Ministry of External Affairs also communicated that an extradition request had been sent to the High Commission of India in Abuja, Nigeria, based on the principle of reciprocity. Nonetheless, the likelihood of extradition remained low due to the lack of a formal treaty.
In disposing of the Special Leave Petition filed by the Jharkhand government, the Supreme Court confirmed the cancellation of bail and left it open to the Union Government to initiate further action. The bench emphasized the need for a structured policy to ensure that foreign nationals do not exploit legal gaps to escape prosecution after committing crimes on Indian soil.
Legal experts have welcomed the court’s intervention, noting that the absence of extradition mechanisms and enforcement protocols poses a significant challenge to India’s criminal justice system, especially in cases involving cybercrime and financial fraud. The Centre is now expected to review existing frameworks and explore diplomatic and legislative avenues to address the issue.
