Extradition By Stealth: How Regulatory Probes Sidestep Treaty Channels

In India today, white-collar crime probes are increasingly relying on extra-judicial travel bans rather than formal extradition proceedings. Investigators issue Look-Out Circulars (“LOC”) and Interpol diffusions, or repeatedly summon suspects, effectively freezing them at international borders or off-shore without invoking the usual treaty process. These tactics can act like a shadow extradition wherein a suspect need never see an Indian courtroom, yet finds himself detained or immobilized by administrative order. Critics warn that this erodes due process and legislative integrity. As one analyst explains, LOCs “prevent and monitor effectively the entry or exit of anyone who may be sought by law enforcement agencies,” serving as a silent border trap¹. Through the course of this Article, we examine three real-life cases that reveal how India’s Enforcement Directorate (“ED”) and other agencies deploy these tools and the legal consequences thereof.