Why do Indian extradition efforts fail? A former RAW officer explains

A former Research & Analysis Wing (RAW) officer, Jitendra Kumar Ojha, who was posted in London for three years, has in a damning indictment alleged that India’s serial failure to extradite wanted Indians from Britain was because of sabotage from within the system. These include the eight cases of Hanif Patel — who was allegedly involved in serial bomb blasts in Surat — Ravi Shankaran — who allegedly stole material from the Indian Navy’s War Room and shared this with India’s enemies and defence suppliers — the late Iqbal Mirchi — who was suspected of being behind the multiple explosions in Mumbai in 1993 — and inaction against Lalit Modi of Indian Premier League (IPL) fame, who according to the Board of Control for Cricket in India (BCCI) made a killing out of the enterprise. 

The allegations gain currency in view of the Narendra Modi government’s current efforts to extradite the Indian liquor baron and owner of the now defunct Kingfisher Airline, Vijay Mallya, and more recent alleged fugitives from justice, Nirav Modi and Mehul Choksi. It may be a moot point as to whether forces are at work to scuttle their return to India.

Ojha, who was compulsorily retired at the beginning of the year, has applied to the Central Administrative Tribunal (CAT) in Delhi for this order to be set aside. In doing so, he has presented letters as supporting documents written by him to two Secretaries of RAW, which claim in detail the cases he worked on and almost brought to fruition before they inexplicably did not proceed any further. These, among other documents, have come into this correspondent’s possession.

In a lengthy note to former RAW secretary last year, Ojha wrote that while posted under cover at the Indian High Commission in the British capital he contributed to success at three levels of the British judiciary — magistrates’ court, high court and Supreme Court — and approval of the United Kingdom’s home secretary in respect of Hanif Patel’s extradition. The man had been absconding since late 1970s, including hiding in Portugal, prior to entering Britain with a false identity. Ojha pointed out: “The Gujarat police had closed the matter.” Patel is yet to be taken back to India.

In the case of Ravi Shankaran, Ojha submitted to his boss that he was instrumental in reviving the case after the matter had been “lying dormant for six years”. He said, “Records would confirm that proceedings against him could not progress as the Central Bureau of Investigation (CBI) blatantly ignored my repeated pleas to forward the extradition request in the prescribed Hague Convention format.” The Indian government has allegedly not filed an appeal as yet.

He further mentioned that he made “progress in (the) Barak Missile kickback case leading to serious pressure on an Indian-origin arms dealer in (the) UK”; and suggested this ultimately came to nothing. The deal was struck between India and Israel when the Bharatiya Janata Party-led government of Atal Bihari Vajpayee was in power at the Centre. The CBI closed the case in 2013.

Ojha went on to make further serious accusations, stating cases with connections to Pakistan’s Inter-Services Intelligence (ISI) and the erstwhile much-wanted Mumbai underworld don Dawood Ibrahim’s network “could never reach (a) logical conclusion”. “An impartial inquiry would confirm that these were sabotaged mostly by the incumbents of the Indian government even though a few acts of even certain UK home office members may appear strange,” he gave in writing.

He did not stop there, adding, “Many functionaries of the Government of India used to visit both Iqbal Mirchi and a big time UK-based suspected launderer of dirty money/FICN (Fake Indian Currency Notes) in India who was believed to be working in unison with ISI/Dawood and other mercenary elements.”

Ojha cited that a London-based executive of a major Mumbai-headquartered company (seen as being very close to Narendra Modi) befriended him out of the blue to tell him about the fruitlessness of his pursuits. “I have mentioned in my letter dated October 21, 2014 (which was to a previous Secretary RAW) about an influential Indian expatriate who offered graphic details of how the most powerful entities in India had failed to protect those targeted by this network. He had forewarned me that none of my initiatives against this network would progress and I would be targeted and harassed for life.” He had in his previous communication lamented: “I remain perplexed at the manner in which cases of Ravi Shankaran, Hanif Pael, Iqbal Mirchi, Barak Missile accused, etc. have fizzled out.”

Ojha paints himself to be a diligent officer doing his patriotic duty. He says his superiors in London, such as Nalin Surie, who was high commissioner of India to the UK, Rajesh Prasad, who was thereafter acting high commissioner, and the head of RAW concurrently in the mission, did not thwart his endeavours when he was making progress. But claims his hard work was derailed subsequently by either his own organisation or other intelligence or law enforcement agencies in India.

Asked to comment on Ojha’s explosive expose to the CAT, a senior officer of RAW remarked on condition of anonymity: “His services were terminated after an internal assessment found him unfit to continue.”