India and Belgium have signed Mutual Legal Assistance Treaties (MLATs) in criminal matters which obligates both the countries to execute each other’s search warrants and summons against fugitives wanted by individual investigating agencies.

The move is expected to empower Indian authorities struggling to extradite most wanted economic offender Nirav Modi’s sister Purvi and brothers Neeshal Modi and Nihal Modi, and associate Aditya Nanavati in the more than ₹13,000 core Punjab National Bank fraud case. Belgium government reportedly has, however, shown reluctance so far to hand them over to India to face trial here.

Section 105, CrPC

“…Arrangements have been made by the Central government with the government of the Kingdom of Belgium for service or execution of summons or search warrant in relation to criminal matters, on any person in Kingdom of Belgium,” the Ministry of Home Affairs (MHA) notified on Thursday.

To execute, said the MHA, “Section 105 of the Code of Criminal Procedure (CrPC), the Central government hereby specifies that – (a) a summons to an accused person, or (b) a summons to any person requiring him to attend and produce a documents or other thing, or to produce it, or (c) a search-warrant, may be issued by a Court in India in duplicate to the Court, Judge or Magistrate in the government of the Kingdom of Belgium”. This is to legally facilitate serving of such summons or execute such warrant on the named person or place in Belgium.

The MHA is the nodal ministry for executing court orders under the MLATs.

Till 2019, India had entered into MLATs in criminal matters with 42 countries. These are the bilateral treaties, entered between the countries for providing international cooperation and assistance, stated the MHA.

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