Mutual Legal Assistance Treaty between India and UK

The Enforcement Directorate has readied a formal request to be sent to the United Kingdom under the Mutual Legal Assistance Treaty (MLAT) for the “transfer” of Kingfisher Airlines promoter Vijay Mallya to India in the Rs. 900 crore IDBI Bank loan default case.

Mutual Legal Assistance Treaty:

The 1995 treaty pertains to mutual assistance in the investigation and prosecution of crime and the tracing, restraint and confiscation of the proceeds and instruments of crime.

Nodal Agency:

The application will soon be forwarded to the Ministry of Home Affairs which, as per the Allocation of Business Rules, is the nodal agency for seeking or providing mutual legal assistance from, or to, other countries in criminal law matters under the MLAT. The Ministry will examine the request and the supporting documents, and after its go-ahead, the request will be forwarded to the U.K. government through Ministry of External Affairs.

About Treaty:

The treaty provides that as part of the mutual legal assistance, in the matters of investigation and prosecution of any criminal offence, the countries can seek “transfer of persons, including persons in custody, for the purpose of assisting in investigations or giving evidence in proceedings.