Syllabus: GS2/IR
Context
- India has formally invoked the Mutual Legal Assistance Treaty (MLAT) with Singapore, seeking cooperation in the investigation into the death of singer Zubeen Garg in the southeast Asian country.
Mutual Legal Assistance
- Mutual Legal Assistance is a mechanism whereby countries cooperate with one another in order to provide and obtain formal assistance in prevention, suppression, investigation and prosecution of crime.
- Aim: To ensure that the criminals do not escape or sabotage the due process of law for want of evidence available in different countries.
- India provides mutual legal assistance in criminal matters through Bilateral/Multilateral Agreements, or International Conventions or on the basis of assurance of reciprocity.
- India has entered into MLAT with more than 45 countries.
- Nodal Ministry: Ministry of Home Affairs (MHA).
| Notable Use of MLAT – 2G Spectrum Case (2010–2012): Investigating agencies obtained crucial call data records and financial evidence from countries like the UAE, Mauritius, and the UK under MLATs. 1. Helped in establishing links in the money laundering chain. – AgustaWestland Helicopter Scam (2013 onwards): Through MLAT requests, India sought evidence from Italy, Mauritius, Singapore, and the UK. – Nirav Modi & Mehul Choksi (PNB Scam, 2018): India sent MLAT requests to Hong Kong, Singapore, Switzerland, and UAE to trace assets and collect financial evidence. 1. Helped in asset seizure and strengthening extradition proceedings. |
Objectives and Key Provisions
- Objectives:
- Facilitate investigation and prosecution of crimes.
- Ensure speedy exchange of evidence and information.
- Provide an alternative to lengthy diplomatic channels.
- Provisions:
- Exchange of documents, records, and evidence.
- Identification and location of persons.
- Examination of witnesses.
- Search and seizure of assets.
- Assistance in asset recovery, forfeiture, and confiscation.
- Service of judicial documents.
- Transfer of persons for testimony.
Challenges in MLATs
- Time-Consuming Process: Requests often take months due to bureaucratic red tape.
- Lack of Uniformity in Legal Systems: Different countries have varying evidentiary standards, admissibility rules, and judicial procedures.
- Some requests are rejected because they don’t meet local legal requirements.
- Limited Coverage: India doesn’t have MLATs with all countries hampering cooperation in jurisdictions without treaties.
- Digital Evidence Issues: Rising cybercrimes demand quick access to server logs, emails, cloud data.
- Big Tech companies are often located in countries where India doesn’t have speedy MLAT access.
- Sovereignty & Privacy Concerns: Countries are reluctant to share sensitive information citing sovereignty or data protection laws.
- Resource Constraint: Many developing countries lack trained personnel, infrastructure, and capacity to process MLAT requests efficiently.
Significance
- Tackling Transnational Crimes: Provides a legal mechanism to investigate and prosecute crimes that cross borders such as terrorism, drug trafficking, human trafficking, cybercrimes, and money laundering.
- Faster & Reliable Evidence Sharing: Unlike informal channels or diplomatic routes, MLATs offer a direct, legally binding framework for collecting and sharing admissible evidence.
- Strengthening Counter-Terrorism Efforts: Helps trace terror financing, identify operatives, and dismantle international terror networks.
- Combating Financial Crimes: Assists in locating, freezing, and confiscating assets obtained through corruption, fraud, and black money parked abroad.
- Promotes Rule of Law & Mutual Trust: Enhances legal cooperation and builds trust between nations.
- Strengthening Diplomatic Ties: MLATs deepen bilateral and multilateral relations by fostering cooperation in sensitive areas of law and security.
| Other Mechanisms – Extradition Treaties: It aims to transfer an accused/convicted person from one country to another to face trial or serve a sentence. 1. India’s Status: India has extradition treaties with more than 40 countries including UK, USA, France, UAE. – Letters Rogatory (LRs): These are formal requests from an Indian court to a foreign court for judicial assistance such as evidence collection, serving summons. 1. It is done through diplomatic channels and is usually slower than MLAT. – Interpol Mechanisms: It uses tools such as: 1. Red Notice – request to locate & provisionally arrest a person pending extradition. 2. Blue/Green Notices – for information gathering. – India uses these when bilateral MLAT/extradition treaties don’t exist. |
Source: TH
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