Eliminating the Criminal Diaspora – India Pursues International Fugitives
The Asian Crime Century briefing 47
(Source: Alamy, London, UK, 22nd March, 2023. Hundreds of Sikhs protest outside the High Commission of India against arrests in Punjab by Indian authorities and the shutdown of Internet and texting in the country)
India has the largest diaspora in the world, with around 18 million people who were born in India estimated to be living outside of the country. With such a huge number of nationals living around the world, it is inevitable that some have a criminal background and that criminal networks make use of the Indian diaspora.
The Indian authorities have recently stated that they will vigorously pursue Indian criminals overseas, having “geolocated” 184 criminals wanted by law enforcement agencies who are the subject of formal proceedings to seek their return to face charges. The list of Indian fugitives includes those wanted for not only organised crime but also terrorism offences, which complicates the situation politically as some of these relate to separatism in India.
During the meeting of the INTERPOL General Assembly recently, the Director General of the Central Bureau of Investigation of India called for global efforts to combat transnational crimes such as terrorism, online radicalisation, and cyber-fraud. A spokesman for the CBI stated that “India has also geolocated more than 184 criminals in various countries and initiated formal proceedings for their return,” and that “India has stressed on the need to deny any safe haven for crime, criminals and proceeds of crimes.”
The efforts by Indian law enforcement agencies have led to results, with a federal anti-corruption probe as well as enhanced international cooperation reportedly leading to 65 fugitives returned to India since 2021. Those returned to India are a mixed bunch of fugitives, wanted for criminal as well as politically related crimes.
Many of those returned are alleged to be common criminals. Subhash Shankar Parab was deported from Cairo in April 2022, wanted in connection with a billion dollar fraud at Punjab National Bank involving fugitive diamond trader Nirav Modi. Mohammad Haneefa Makkatt was returned from Saudi Arabia in in March 2022, wanted by the Kerala Police in connection with an abduction and murder case in 2006 and the subject of an INTERPOL Red Notice (a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action, based on an arrest warrant or court order issued by the judicial authorities in the requesting country).
Others are wanted for terrorism offences, notably related to Sikh separatism in Punjab Province. Harpreet Singh was returned from Malaysia in December 2022, wanted as the alleged main conspirator involved in the 2021 Ludhiana court bomb attack that killed one person and injured six others. Harpreet Singh is alleged to have been involved in cross border smuggling of drugs and firearms, coordinating the delivery of the explosive device which had been sent from Pakistan to India. Bikramjit Singh was extradited to India from Austria in December 2022, wanted for instigating a pro-Khalistan group to organise a bomb attack in Tarn Taran in 2019 that killed two people.
Assassination of Sikh Activists Overseas
The Indian law enforcement efforts with INTERPOL come at around the same time as the US authorities announced on 29 November that an Indian Government employee directed a plot from India to murder US-based leader of Sikh separatist movement. The US authorities are charging ‘Nick’ Nikhil Gupta, an Indian national, in connection with his participation in a foiled plot to conduct the assassination in New York City.
Gupta is alleged to have worked with an Indian government employee to direct a plot to assassinate an attorney and political activist who is a U.S. citizen of Indian origin residing in New York City. Gupta communicated with an Indian government agency employee who described himself as a “Senior Field Officer” with responsibilities in “Security Management” and “Intelligence”, who also referenced previously serving in India’s Central Reserve Police Force and receiving “officer training” in “battle craft” and “weapons.” The Indian government employee directed the assassination plot from India.
Gupta was allegedly recruited around May 2023 to coordinate the assassination in the US of the target who is a vocal critic of the Indian government and leads a US based organization that advocates for the secession of Punjab and the formation of a Sikh sovereign state called Khalistan. Gupta contacted a contract hitman, who was in fact a confidential source working for the US authorities, with an offer to assassinate the target in New York for a fee of $100,000. Gupta specifically instructed the hitman not to conduct the assassination around the time of scheduled meetings scheduled between senior US and Indian government officials.
The case in the US is similar to the murder of Sikh separatist Hardeep Singh Nijjar outside a Sikh temple in British Columbia, Canada. As reported in the Asian Crime Century briefing in September, after Mr. Nijjar was shot dead in his truck by two masked gunmen. Canadian Prime Minister Justin Trudeau stated in parliament that “Canadian security agencies have been actively pursuing credible allegations of a potential link between agents of the government of India and the killing of a Canadian citizen, Hardeep Singh Nijjar.” Gupta reportedly told the hitman after the murder of Hardeep Singh Nijjar that Nijjar “was also the target” and “we have so many targets.”
The US Justice Department case against Gupta raises serious concerns for US officials of possible Indian government knowledge of or involvement in the international assassination of Sikh separatists. A spokesperson for the US National Security Council reportedly stated that the White House had engaged “in direct conversations with the Indian government at the highest levels to express our concern,” and that “We are providing information to the government of India to aid in their internal investigation. We will continue to expect accountability.”
The Ministry of External Affairs of India stated that “We have already said that during the course of discussions with the US on bilateral security cooperation, the US side shared some inputs pertaining to nexus between organized criminals, gun runners, terrorists and others. We had also indicated that India takes such inputs seriously since they impinge on our national security interests as well, and relevant departments were already examining the issue. In this context, it is informed that on 18 November 2023, the Government of India constituted a high-level Enquiry Committee to look into all the relevant aspects of the matter.”
The news media in India is generally upbeat about efforts to pursue Sikh separatists internationally, but the allegations in the US case add complexity to the issue because of the increasingly close relationship between India and the US in trade, cultural links, and defence.
The Times of India has called Canada “The Citadel of Khalistan movement” and a global hub for the Sikh separatists, but reported that “Sikh separatism is a non-issue in India.” The Indian media also frequently discusses how Sikhs who are wanted terrorists in India are described as “Sikh activists” in Western countries.
The sentiment in India towards alleged Sikh terrorists is understandable given that such fugitives are often wanted for criminal acts involving murder and injury. However, the pursuit of Sikh fugitives and Sikh separatists (who may or may not be wanted on criminal charges in India) for assassination is a mistake for a country such as India that has a long established reputation for ensuring the rule of law through the system of courts.
The route to pursue separatist, terrorist, and criminal fugitives is through the INTERPOL system of cooperation between law enforcement agencies and the related judicial process. It is possible that the assassinations that allegedly involve Indian officials are rogue operations conducted by over-zealous intelligence officers, but if so then these need to be reined in quickly by the Indian central government.