HomeExtradition from UAE to India
The relations between the United Arab Emirates and India in the field of extradition represent a dynamic and tense area where the interests of global business, the fight against transnational crime, and the protection of human rights intersect. The Emirates, having become one of the world’s largest financial hubs and home to a multi-million Indian diaspora, often find themselves at the center of complex legal cases initiated by New Delhi. Indian authorities actively seek the extradition of individuals accused of large-scale financial fraud, corruption, and terrorism, viewing the UAE as a key partner in ensuring the inevitability of punishment. The extradition process, however, is far from automatic and requires impeccable document preparation from the Indian side, while the defense has real opportunities to challenge the request.
The legal system of the UAE, based on the principles of continental law with elements of Islamic Sharia, approaches issues of depriving a person of freedom with particular attention. Each extradition request undergoes a multi-level review in the prosecution and courts, where evidence of guilt, adherence to formal procedures, and humanitarian aspects are weighed. This creates a legal framework in which the outcome of a case depends not so much on political will as on legal arguments and the professionalism of lawyers. Understanding the nuances of this mechanism is a decisive factor for anyone under the threat of forced transfer to Indian authorities and underscores the critical need for the immediate involvement of qualified extradition lawyer.
The legal basis of relations between India and the UAE: since 1999
The foundation for cooperation between India and the UAE is the Extradition Treaty signed in 1999. This document established clear rules of engagement, defining the mutual obligations of the countries regarding the extradition of individuals evading justice. Over time, as economic ties became more complex and new types of crimes emerged, the enforcement practices under this treaty evolved, adapting to modern realities. The parties strengthened cooperation in the field of legal assistance in criminal cases, which accelerated information exchange and made interaction more effective.
The agreement is based on the generally accepted principles of international extradition law. The key among them remains the principle of double criminality. The act must be punishable under the laws of both jurisdictions. If a certain financial violation is subject to criminal liability in India, but in the UAE it is regarded only as a civil offense, extradition will be denied. This rule protects against prosecution for actions that are not considered crimes in the country of residence.
Another important principle is the non-extradition for political and fiscal crimes. The agreement excludes extradition for crimes of a political nature, although with reservations that attacks on heads of state or acts of terrorism do not fall under this category. Extradition also does not apply to purely fiscal crimes, such as tax evasion, unless it is connected with fraud or money laundering. However, in practice, India often classifies large-scale tax schemes as fraud, which allows bypassing this restriction.
Unlike many other agreements, the treaty with India demonstrates a particular focus on combating economic crimes and terrorism. This reflects the priorities of both countries and the specifics of their relationship. India actively uses the extradition mechanism to return businessmen accused of bank fraud and asset siphoning, while the UAE is interested in suppressing any activities related to the financing of extremist groups.
Stages of the extradition procedure
The extradition process from the UAE to India is initiated by an official request, which is transmitted through diplomatic channels. This is often preceded by the arrest of a person based on an Interpol red notice, which serves as a signal for UAE authorities about an international search. After the detention, a complex and multi-stage procedure is launched.
The entire path of the request can conditionally be divided into several key stages, at each of which protection can actively operate:
- Prosecutor’s review. After the arrest, the case goes to the prosecutor’s office, which examines the completeness and formal compliance of the documents received from India. The prosecutor must ensure that the request contains all the necessary information: personal data, a description of the crime, texts of the relevant articles of the Indian Penal Code, and an arrest warrant or a copy of the verdict. At this stage, the lawyer can file initial objections, pointing out defects in the documentation.
- The court proceedings in the Court of Appeal. This is the central stage of the entire process. The case is reviewed by a panel of three judges who must determine whether extradition is legally permissible. The court does not decide on the guilt or innocence of the person but only verifies compliance with the terms of the agreement. The defense presents its arguments against extradition, proving, for example, the absence of double criminality, political motivation behind the prosecution, or a real risk of human rights violations in India. The court may request additional materials from the Indian side if it considers the evidence provided insufficient.
- Appeal in the Court of Cassation. The decision of the Court of Appeal is not final. The defense has 30 days to file an appeal with the UAE Court of Cassation. This highest instance examines whether there were any violations of substantive or procedural law during the case review. The verdict of the Court of Cassation concludes the judicial part of the process.
- The final decision of the Minister of Justice. Even with positive court rulings throughout the hierarchy, the final word remains with the executive authority. The Minister of Justice of the UAE has the right to cancel an extradition decision if they deem that it could harm the sovereignty, security, or public interests of the country. This is a political filter applied in exceptional cases.
Why might the UAE refuse extradition to India?
Despite close cooperation, the UAE does not always satisfy Indian requests. There are a number of valid legal grounds that can lead to a refusal of extradition. Skillful use of these arguments constitutes the essence of the work of a lawyer in extradition cases.
The following are among the most significant reasons for refusal:
Insufficiency of evidence.
The UAE courts require the Indian side to provide evidence sufficient to bring charges (prima facie case) within the Emirates themselves. If the request is based on unfounded allegations, without supporting documents or witness testimonies, it will be rejected.
The threat to human rights.
Lawyers often appeal to the conditions of detention in Indian prisons and the risk of torture or cruel treatment. If the defense can convincingly prove that in the case of extradition the rights of the requested person will be violated, UAE courts may refuse extradition. India often has to provide diplomatic assurances of humane treatment for the extradited individual.
Statute of limitations.
The crime must not have an expired statute of limitations under UAE law. If prosecution for this act is no longer possible under the laws of the Emirates, extradition will be denied, even if the statute of limitations has not yet expired in India.
The presence of a court decision.
If in the UAE a person has already been convicted for the same crime (the principle of ne bis in idem), repeated extradition for trial in India is impossible.
The practice of recent years, including cases of well-known businessmen, shows that UAE courts do not follow the lead of the requesting party and carefully weigh all the “pros” and “cons.” This makes the judicial process a real field for legal battles.
Financial crimes as the main vector of inquiries
A feature of extradition relations between India and the UAE is the overwhelming predominance of requests related to economic and financial crimes. This is directly connected to the fact that Dubai and other emirates have become centers of attraction for Indian capital and business.
India actively pursues individuals accused of:
- Bank fraud: obtaining large loans using forged documents and not repaying them.
- Money laundering: legalization of criminal proceeds through complex international schemes using companies registered in the UAE.
- Corruption: receiving bribes by government officials, who then transfer funds abroad.
The fact is that Indian legislation, in particular the Prevention of Money Laundering Act, has extraterritorial effect. This allows authorities to prosecute their citizens for financial crimes committed outside the country. The UAE, in turn, strives to maintain its reputation as a transparent financial center and cooperates in combating money laundering but requires India to provide solid evidence rather than mere suspicions.
The necessity of immediate legal protection
The threat of extradition to India is a serious challenge that jeopardizes a person’s freedom, assets, and future. The complexity of UAE legislation, the multi-stage procedure, and the language barrier make self-defense impossible. Any delay or mistake at the initial stage can have irreversible consequences. From the moment you learn about an Interpol “red notice” or are summoned to the police, the clock starts ticking.
Only the immediate involvement of a team of experienced lawyers specializing in UAE extradition law provides a real chance for success. A professional lawyer is not just a representative in court, but your strategic partner who:
- Will ensure the protection of your rights from the very first interrogation, preventing pressure and procedural violations.
- Will conduct a detailed audit of the Indian request, identifying its legal vulnerabilities and non-compliance with the contract requirements.
- Will form a strong evidentiary base to refute the arguments of the prosecution and confirm the grounds for denial of extradition.
- Will effectively represent your interests at all stages of the process — from the prosecutor’s office to the Cassation Court and the Ministry of Justice.
- Initiates the procedure for challenging the “red notice” at Interpol headquarters with the aim of its annulment.
The extradition process is not a formality but a contest of legal arguments. If you or your loved ones are facing the risk of extradition from the UAE to India, do not waste precious time. Contact our lawyers immediately for urgent consultation and the development of a defense strategy. Our experience in handling complex extradition cases is your main guarantee of a fair trial and the protection of your freedom.
