The Government of Nepal has approved the agreement regarding the Mutual Legal Assistance Treaty (MLAT) with India. This decision was taken at a cabinet meeting held on Saturday. Communication and Information Technology Minister Jagdish Kharel stated that the cabinet approved the agreement on the MLAT concerning criminal activities between Nepal and India. They also approved the framework for future MLATs with other countries.
What is MLAT and what happens after its approval?
According to Parashwar Dhungana, secretary at the Ministry of Law, the approval of the MLAT with India was essential and long overdue. He explained that a domestic Legal Mutual Assistance Act already exists, but criminals often commit offenses in one country and flee to the other, destroying evidence there. Since neither country can unilaterally arrest and investigate criminals in the other's sovereign territory, this agreement provides the necessary legal framework for cooperation.
Dhungana clarified that both countries had long pressed for this treaty to address the legal challenges in prosecuting criminals who cross the border. The agreement, expected to be signed and implemented soon, is a result of mutual understanding.
Experts view the MLAT as an understanding for collecting evidence and proof in cross-border crime investigations. Former Law Secretary Udaya Sapkota noted it helps integrate information needed during investigations against transnational crime. Madhav Paudel, former chairman of the Nepal Law Commission, added that it facilitates information exchange, sharing of investigative evidence, cooperation in prosecution, and coordination in criminal investigations between the two countries' legal bodies.
It is believed the treaty will strengthen cooperation in investigation, evidence collection, prosecution, and legal assistance in criminal matters. Previous attempts at an extradition treaty with India in 2003 and 2006 were halted due to political opposition.
Sapkota believes the MLAT will make crime control more transparent and assist investigations into transnational crimes, fraud involving foreign nationals, drug trafficking, and digital crimes. It will also facilitate the exchange of crime and investigation-related information between the two governments.
Some reports suggest that India had a particular interest in approving the agreement to enhance surveillance of Pakistanis entering Nepal. While the treaty facilitates legal cooperation, the provision for the temporary handover of persons in custody for investigation has not been explicitly clarified. Currently, informal handover of offenders occur secretly with some countries, including India, even without a formal treaty.
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