PANAJI
While the Goa government is facing growing pressure to bring back the absconding Luthra brothers to face prosecution in the deadly Birch fire tragedy, officials assert India’s extradition treaty with Thailand gives authorities a strong legal edge.
India and Thailand have had an extradition treaty in force since 2015, a pact that allows either “Contracting State” to seek the surrender of a person wanted for trial or for the imposition or enforcement of a sentence. The police believe this significantly strengthens India’s hand if the accused are traced to Thai territory.
“With a valid extradition treaty in place, the process is far more straightforward than in countries where no such agreement exists. Legally, there is a clear framework to bring them back,” an official, in the know of the agreement, said.
Sources further said the treaty applies to various offences, including serious crimes and economic offences, provided the alleged crime is punishable under the laws of both countries by at least one year of imprisonment or a more severe penalty. The charges contemplated against the Luthra brothers meet that threshold.
In India, the Ministry of External Affairs functions as the central authority for extradition, while in Thailand, the Attorney General’s office performs that role. Any extradition request must be routed through diplomatic channels and supported by detailed documentation, including the identity of the accused, facts of the case, applicable laws and the penalties involved.
“In urgent situations, the treaty even allows for provisional arrest,” the official said adding, “That means the requested country can hold the person while the formal extradition papers are completed.”
The police also point to international policing measures already in place. Interpol has issued a Blue Corner notice, which is used to collect additional information about a person’s identity, location or activities in relation to a criminal investigation. This makes it difficult for the accused to move freely across borders.
“With a Blue Corner notice issued, it is unlikely they can travel to other countries without attracting attention,” a source said, dismissing speculation that one of the brothers may have fled to a nation with which India has no extradition treaty.
