Kathmandu, Oct 17: The current interim government’s approval for Nepal to sign a bilateral mutual legal assistance (MLA) agreement with India has sparked discussion and debate.
Some critics argue that an election government should not enter long-term treaties, while supporters say the deal could help bring back fugitives like GB Rai, involved in cooperative fraud, for legal action. Others fear the agreement might be a precursor to an extradition treaty.
A mutual legal assistance agreement is a formal treaty between two or more countries to cooperate in criminal investigations, prosecutions, and legal procedures. In practice, it allows countries to share information, locate suspects, seize property, or take statements when a crime spans borders.
Under this framework, Nepal can request evidence from India regarding crimes committed by individuals residing there, and vice versa. The agreement aims to facilitate action against fraud, human trafficking, money laundering, terrorism, and cybercrime. However, extradition of suspects requires a separate treaty.
The Cabinet, meeting on Thursday, approved the agreement and authorized the Ministry of Home Affairs to pursue similar arrangements with other countries as needed. Government officials clarified that the agreement currently focuses on sharing information related to financial crimes.
This is seen as a step to track individuals hiding in India, Dubai, Hong Kong, or Nepal after committing financial offenses.
Nepal had previously signed a similar agreement with China in 2019 during President Xi Jinping’s visit, but it remains inactive since parliament did not ratify it. In practice, Nepal and India have sometimes handed over suspects informally, such as the case of Durga Prasain, who fled after violent protests in March and was apprehended in India, though Nepal Police claimed to have arrested him at the border.
Now, both countries are preparing a formal MLA agreement. A Nepal–India Home Secretary-level meeting in New Delhi in mid-September finalized a draft and set the process in motion. Following Cabinet approval, the agreement will enter implementation once India’s Cabinet endorses it and officials from both countries sign it.
Experts note that extradition treaties can be politically sensitive, as they may be misused for retaliation or violate human rights. Former Home Minister Janardan Sharma warned that such agreements must safeguard legal independence and prevent misuse, while Bhim Rawal questioned whether an election government should commit to long-term treaties at all.
People's News Monitoring Service