Kathmandu, October 17
After the interim election government granted approval to the Ministry of Home Affairs to sign a Mutual Legal Assistance Treaty (MLAT) with neighbouring India, the issue has drawn attention and sparked debate.
Some have argued that an election government should not sign long-term agreements, while others believe the treaty could pave the way for Nepal to bring back and prosecute GB Rai, who fled abroad after allegedly running a cooperative fraud scheme. Meanwhile, some suspect the government is preparing to sign an extradition treaty with India.
So, what exactly is this Mutual Legal Assistance Treaty? What decision has the government made? What are its pros and cons? Let’s take a closer look.
What is a Mutual Legal Assistance Treaty (MLAT)?
An MLAT is a formal agreement between two or more countries under which they cooperate in criminal investigations, prosecutions, and legal proceedings.
In simple terms, if a crime begins in one country but has links to another, the involved countries can help each other collect evidence, locate suspects, seize property, or record statements through this treaty.
If such a treaty is signed between Nepal and India, Nepal can legally request India for evidence related to crimes committed in Nepal by individuals residing in India, and vice versa.
The agreement would help in identifying and prosecuting those involved in crimes such as fraud, human trafficking, money laundering, terrorism, and cybercrime. However, if a suspect needs to be arrested and handed over to their home country, an extradition treaty would still be required.
What did the Cabinet decide?
After Thursday’s Cabinet meeting, government spokesperson and Minister for Communication and Information Technology Jagdish Kharel announced that the Cabinet had approved the agreement related to the MLAT with India.
He also informed that the government had authorised the Ministry of Foreign Affairs to send proposals through diplomatic channels for similar treaties with other countries when necessary.
Kharel did not mention extradition in his remarks. The exact details of the approved document remain unclear. Since it is a bilateral agreement, Nepal alone cannot finalise its contents. Therefore, an official at the Home Ministry said it is premature to label it an “extradition treaty.”
Prime Minister’s Office: It concerns financial crimes
A senior official at the Prime Minister’s Office declined to confirm whether extradition is part of the proposed agreement with India. “We’ll know only after the final draft of the agreement is prepared,” the official said.
However, the official clarified that the treaty focuses on sharing information related to financial crimes. “The plan is to establish cooperation between Nepal and India for exchanging data on individuals involved in financial crimes,” the official told Onlinekhabar.
He added, “It has been difficult to exchange data on those who committed financial crimes and fled to countries like Dubai or Hong Kong, or those hiding in Nepal. So, the idea is to first sign this treaty with India and later with other countries as well.”
Inactive treaty with China, now preparing one with India
Nepal first signed a mutual legal assistance agreement with China on October 13, 2019, during President Xi Jinping’s visit to Kathmandu. However, as the treaty was never ratified by Parliament, it remains inactive.
Although Nepal and India have no formal treaty in force yet, police authorities of both countries have informally cooperated by detaining suspects and quietly handing them over across the border often claiming to have arrested them on their own soil.
A recent example is Durga Prasai. After violent clashes during a pro-monarchy protest in Kathmandu’s Tinkune on March 28, 2025 Prasai fled to India, where he was detained. However, police claimed he had been arrested from the Nepal-India border in Jhapa.
Now, Nepal and India are preparing to formalise their cooperation through an official MLAT. During the Nepal–India Home Secretary-level meeting held in New Delhi on August 22–23, 2025 both sides agreed to move forward with a draft of the treaty.
Nepal’s delegation was led by then-Home Secretary Gokarna Mani Duwadi. Following that meeting, the Home Ministry sent the treaty proposal to the Cabinet, which has now approved it. The treaty will come into effect once India’s Cabinet also endorses it and both countries officially sign the agreement.
Since both extradition and mutual legal assistance treaties with India are reportedly in their final stages, the government’s move to approve the MLAT has raised questions among observers.
Why is it considered sensitive?
Experts note that while extradition treaties can be useful for curbing crime, they also raise concerns about political retaliation and human rights violations, prompting countries to exercise caution.
Former Home Minister Janardan Sharma said, “If there’s a vindictive motive against someone, they could easily be labeled a criminal and extradited. That threatens human rights and political freedom. Such treaties between neighbouring countries can raise concerns about sovereignty and legal independence.”
Another former Home Minister, Bhim Rawal, questioned, “Can an election government sign long-term agreements of this nature?”
