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(Sep 29, 2010) It was reported on September 28, 2010, that Nepal's Ministry of Law and Justice has readied a draft bill on extradition. If adopted, the law would establish legal means for the extradition of persons residing in Nepal who have committed crimes in other countries, although the Supreme Court would have the power to make final decisions on whether or not to extradite. The draft bill will be sent to the Council of Ministers before being tabled in the country's 601-member Constituent Assembly, the country's Parliament. (Draft Bill for Extradition Prepared, NEPALNEWS.COM (Sept. 28, 2010), http://www.nepalnews.com/main/index.php/news-archive/19-general/9478-dra
ft-bill-for-extradition-prepared.html
.)

The extradition process would also depend on Nepal's extradition agreements worked out with other nations. India has long pressured Nepal to sign a new extradition treaty with it; in 2005, to help combat the use of Nepal as a base for terrorist activities in India and the circulation of counterfeit Indian currency, the two sides had initialed and updated version of their existing treaty. However, further action was not taken due to Nepal's ongoing political turmoil. (Sudeshna Sarkar, India-Nepal Extradition Treaty Starts Moving, TWOCIRCLES.NET (Sept. 28, 2010), http://twocircles.net/?q=2010sep28/indianepal_extradition_treaty_starts_
moving.html
.) The draft bill does include a provision on the deportation of third-country nationals, a provision that is not found in the India-Nepal Extradition Treaty of 1953. India also hopes that Nepal will draft a new mutual legal assistance act, along with a new extradition treaty.

The signing of a new treaty with India is jeopardized, however, by the need for parliamentary approval; if the Unified Communist Party of Nepal (the Maoists), which holds over 30% of the Parliament's membership, opposes the treaty, "it would be consigned to the backburner once again," according to one news report. (Id.) Another obstacle to the treaty signing has been the Pakistani government, which fears its citizens will be extradited to India from Nepal because "a large number of Pakistanis have been arrested in Nepal with fake Indian currency notes and the rackets are believed to have their origin in Karachi." Pakistan, therefore, is seeking to sign an extradition agreement with Nepal; France is looking for a similar pact. (Id.; India-Nepal Extradition Treaty, Organisation for Economic Co-operation and Development website, http://www.oecd.org/dataoecd/22/53/39791430.pdf?contentId=39791431 (last visited Sept. 28, 2010).)

Author: Wendy Zeldin More by this author
Topic: Extradition More on this topic
Jurisdiction: Nepal More about this jurisdiction

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Last updated: 09/29/2010