- India and Saudi Arabia are negotiating the signing of a Mutual Legal Assistance Treaty (MLAT) to obtain formal assistance from each other in criminal investigations.
- Saudi Arabia is one of only a dozen countries that lacks an MLAT or other bilateral agreement with India to facilitate such investigations.
- India has signed MLATs with 45 countries so far and is currently negotiating MLATs with Italy and Germany.
What exactly are MLATs?
- In criminal matters, MLATs are bilateral treaties signed by countries to provide international cooperation and assistance.
- These treaties allow the signing countries to exchange evidence and information in criminal and related matters.
Advantages of Treaty
- Cooperation and mutual legal assistance improve the effectiveness of participating countries in the investigation and prosecution of crime.
- It will establish a broad legal framework for tracing, restraining, and confiscating criminal proceeds and instruments, as well as funds intended to finance terrorist acts.
- It will be useful in gaining better inputs and insights into the tactics of organized criminals and terrorists.
- These, in turn, can be used to fine-tune internal security policy decisions.
Enforcing MLATs in India
- The Ministry of Home Affairs (MHA) is the central authority for seeking and providing mutual legal assistance in criminal law matters.
- When such requests are routed through diplomatic channels by these Ministries, the Ministry of External Affairs (MEA) may be involved in this process.
- Section 105 of the Criminal Procedure Code (CrPC) mentions the Centre making reciprocal arrangements with foreign governments.
Why is India seeking such a treaty with Saudi?
- Previously, Saudi Arabia deported several terror suspects at India’s request.
- Based on evidence gathered through the mutual agreement, the treaty would aid in the conviction of an accused in a court of law.
Source: https://www.thehindu.com/news/national/india-italy-negotiate-legal-assistance-treaty/article65765042.ece#:~:text=According%20to%20the%20Ministry%20of,sabotage%20the%20due%20process%20of