Nepal’s Minister of Law, Justice and Parliamentary Affairs Sobita Gautam presented the ‘Mutual Legal Assistance Treaty on Criminal Matters’ signed with India for discussion in the parliament. After passing of the bill by the House of Representatives, the agreement on Mutual legal assistance on legal matters will come into implementation.
The agreement was signed between the two countries on 5th February. On behalf of the Government of Nepal, Joint Secretary of the Ministry of Law, Justice and Parliamentary Affairs Binod Kumar Bhattarai and on behalf of the Government of India, Indian Ambassador to Nepal Naveen Srivastava had signed the agreement.
Through this agreement, there could be maximum cooperation to each other in criminal investigation, prosecution, and judicial proceedings. The agreement includes matters such as evidence collection, witness statements, authentication of documents, and management of assets acquired from crime. The agreement is expected to help in controlling serious crimes such as human trafficking, drug smuggling, and counterfeit currency.
This agreement opens a legal path for gathering evidence related to crimes, taking statements from witnesses or victims, and exchanging documents. The agreement provides for the use of video conferencing technology for the examination of witnesses or experts. To prevent the hiding of assets in one country derived from criminal activities in another, the agreement states that both India and Nepal will cooperate in the process of identifying, freezing, and confiscating assets acquired through crime or instruments used in crime. The agreement specifically emphasizes the investigation and confiscation of funds collected or used for terrorist activities. The agreement allows for the formation of a ‘Joint Investigation Team’ to work on specific cases with the consent of both countries.
