In recent years, there’s been a growing trend where high-profile criminals, financial fraudsters, and fugitives from India escape the country to avoid arrest and trial. Dubai, in particular, has emerged as a preferred destination. From economic offenders to cybercriminals, many manage to dodge Indian law enforcement and take shelter in countries that offer conditions favorable to their stay. This blog explores the key reasons why Dubai and some foreign countries have become safe havens, the legal challenges involved in bringing fugitives back, and what India can do to counter this serious issue.
Why Dubai and Certain Countries Are Preferred Safe Havens
1. Lack of Immediate Extradition Treaties or Delays in Execution
India does have an extradition treaty with the UAE (signed in 1999), but the process is slow, complex, and often stuck in diplomatic and legal formalities. Several other countries such as Qatar, Jordan, and some African nations either have no treaties with India or lack active legal cooperation, which makes extradition nearly impossible in many cases.
2. Fast Entry and Visa Loopholes
Dubai is known for its quick entry procedures, and obtaining a residence visa is relatively easy through business investments or property ownership. These relaxed visa and investment norms have historically allowed fugitives to create a legal front for themselves and disappear from the radar using a new identity or cover of legitimacy.
3. Favorable Business and Banking Environments
The UAE’s tax-free and business-friendly environment makes it easy for criminals to hide or launder money. Through shell companies and crypto transactions, funds can be moved without raising red flags. In fact, many fugitives even register companies to justify their income, adding a layer of protection from legal scrutiny.
4. Poor Cross-Border Law Enforcement Coordination
Even with technological advancements, real-time data sharing between nations remains weak. India’s cybercrime or financial fraud records are not easily accessible to Dubai police or Interpol unless there’s a formal request, giving enough time for criminals to move assets or change locations.
High-Profile Examples
- Nirav Modi, who defrauded Punjab National Bank of over ₹11,000 crore, fled to the UK.
- Mehul Choksi, his co-accused, took Antiguan citizenship.
- Vijay Mallya, who defaulted loans worth ₹9,000 crore, also escaped to the UK.
- Many cyber and insurance fraudsters have routed money through or fled to countries like the UAE, Thailand, Malaysia, and Singapore.
Legal Remedies and India’s Response
🔹 Mutual Legal Assistance Treaties (MLATs): India has MLATs with over 40 countries, including the UAE, USA, UK, and Canada. These treaties enable cooperation in criminal investigations, but their implementation is often delayed.
🔹 Interpol Red Corner Notices: The CBI and ED issue Red Corner Notices to trace fugitives, but enforcement depends on local authorities in the foreign country.
🔹 Extradition Requests: These are processed by the Ministry of External Affairs and Ministry of Home Affairs, but they often face rejection due to legal or diplomatic obstacles.
Why Justice Is Delayed
- Different Legal Systems: What qualifies as evidence in India may not meet the standards of another country’s legal system.
- Political and Asylum Claims: Some criminals exploit political asylum protections to avoid deportation.
- Strong Legal Defense Abroad: Wealthy fugitives hire top lawyers in foreign countries to delay or block extradition on various legal grounds.
What Can Be Done to Prevent Such Escapes
- Issue Lookout Circulars (LOC) and airport alerts immediately after FIRs are filed.
- Fast-track Interpol Notices to limit the window of escape.
- Seize passports and freeze assets of high-risk accused individuals.
- Strengthen surveillance and regulatory scrutiny of economic offenders.
- Mandate disclosure of international travel and foreign assets for financial license holders and businesspersons.
Final Thoughts
Criminals flee India not because foreign countries promote crime, but because they exploit the slow legal process, weak coordination, and loopholes in international enforcement. India must now prioritize faster extradition, improve cyber and financial surveillance, and build stronger global partnerships to bring fugitives to justice.
Blog by:
B S Makar, Advocate
Founder: www.makarlaws.com
Specialist in Cyber Fraud, Property Disputes, and NRI Legal Matters
📞 Contact: 9878131111 | Mohali, Punjab, India
