New Delhi: Indian law enforcement agencies could send summons or search warrants to accused in Maldives (related to crimes committed in India) through competent courts. However, this process will be taken forward only through the Ministry of Home Affairs. Maldives has been informed to notify the rules for implementing the agreement reached a year ago under the Mutual Legal Assistance Treaty – MLAT between India and Maldives.
The Home Ministry has notified the rules for Indian courts to issue summons to the accused in the Maldives according to an agreement between the two countries. Sources said those rules have been notified under which summons or search warrants could be sent through Indian courts to any accused in the Maldives by the Indian Police or any central investigating agency.
The Ministry of Home Affairs will do the process
The rules state, “Whereas arrangements have been made by the Central Government with the Government of the Republic of Maldives for service or execution of summons or search warrant in relation to criminal matters, on any person in Republic of Maldives,” adding that all such summons should be routed through the MHA. It also said that summons, warrants or other documents received from the Maldives court should also be sent to the MHA. As per the provision of sub-section (2) of section 105 of Criminal Procedure Code, 1973 (2 of 1974), the Central Government has set guidelines in this regard. In the Ministry of Home Affairs, the matter will be handled by the Department of Internal Security- 2.
The treaty was signed in 2019
India and Maldives first signed the Mutual Legal Assistance Treaty (MLAT) for criminal cases on 3 September 2019. India has signed such treaty/ arrangements with 42 other countries. According to sources, in the last week of November, National Security Advisor Ajit Doval visited Sri Lanka. There were issues related to security between India, Maldives and Sri Lanka. It is believed that during this visit, India and Maldives stressed the need to implement the Mutual Legal Assistance Treaty in bilateral negotiations.