New Delhi: After it learnt that a foreign national accused in a cheating case jumped bail and is on the run, the Supreme Court has underlined the need for a policy to ensure foreign nationals committing crimes in the country don’t “flee from justice”.
The apex court had on December 4 last year set aside the Jharkhand High Court’s May 2022 order granting bail to accused Alex David.
When the matter came up for hearing on August 26 before a bench of Justices Dipankar Datta and Augustine George Masih, it said there was no bilateral treaty between Nigeria and India over extradition of a Nigerian national to face criminal proceedings in the country.
“The special leave petition stands disposed of, confirming the order of cancellation of bail but leaving it open to the central government to formulate an appropriate policy or initiate such further action as deemed necessary and proper so that foreign nationals do not flee the course of justice after committing crimes in India,” the bench said.
David was booked for various offences, including cheating besides the Information Technology Act.
After he was granted bail by the high court, the state challenged the order in the top court.
But David was stated to have jumped bail and gone absconding, the apex court was informed.
The top court then asked the Centre about its procedure and guidelines laid down in such cases.
The Centre filed an affidavit, indicating the presence of comprehensive guidelines for investigation abroad and issue of letter rogatory, mutual legal assistance request and service of summons, notices and judicial documents with respect to criminal matters.
On December 4 last year, the apex court set aside the high court order and directed the Centre to take appropriate measures as suggested in their guidelines.
When the matter came up for hearing on August 26, the counsel appearing for the Centre placed before the bench a communication addressed to the solicitor general by the consultant (legal) of the Ministry of External Affairs.