Security threat for Nepal and India in absence of a treaty

Nepal and India both the countries are at the verge of being exploited by criminals and terrorists in regards of their safety and operation of criminal activities in both location. Due to diplomatic relationship and  open broader both the countries are being targeted by criminals and terrorists for their  activities and operations.  In one hand both countries are silent about the specific diplomatic treaty  to handle  cross country crime and criminal activities where as on the other side both countries have been successfully holding their operation in nabbing criminals. 

Despite the absence of the treaty both countries have been handing over criminals and terrorists across the border without anything on record to show they were arrested in another country.

Current provision 

Under the SAARC Regional Convention on Suppression of Terrorism and its Additional Protocol

During the Twelfth SAARC Summit (Islamabad, 4-6 January 2004) the Council of Ministers signed the Additional Protocol to the SAARC Regional Convention on Suppression of Terrorism. The purpose of this Additional Protocol is to strengthen the SAARC Regional Convention on Suppression of Terrorism, particularly by criminalizing the provision, collection or acquisition of funds for the purpose of committing terrorist acts and taking further measures to prevent and suppress financing of such acts. Similarly  at the Fourteenth SAARC Summit (New Delhi, 3-4 April 2007), the Heads of State or Government agreed to work on the modalities to implement the provisions of the existing SAARC Conventions to combat terrorism, narcotic drugs and psychotropic substances, trafficking in women and children and other transnational crimes.

Similarly the Times of India quotes, " Yasin Bhatkal, one of India's most wanted terrorists responsible for several bombings that have claimed over 140 lives, has been arrested.

The 30-year-old, whose real name is Ahmed Siddibappa, was picked up from Pokhara in Nepal where he was living in the guise of a Unani doctor. The successful operation of the Intelligence Bureau, which was facilitated by Nepal, also yielded a bonus in the form of Asadullah Akhtar alias Haddi, an absconding front-ranking member of the Azamgarh module of the Indian Mujahideen (IM) who had played a crucial role in the 2011 serial blasts in Mumbai."


Hindustan times quotes  " Like Tunda, who was shown as arrested from the Indo-Nepal border earlier this month, Indian authorities said that Bhatkal was arrested along the border on Thursday and not on Nepali soil.

“Bhatkal was arrested on the Indo-Nepal border and we can confirm that he was not nabbed in Nepal,” said Indian Embassy spokesperson Abhay Kumar.

Though tunda and Bhatkal both were arrested in Nepal by the Indian security agencies but Indian government has refused to accept it in media due to the lack of cooperation in legal terms. On one hand the India security agencies being active in  Nepal and holding security operations solely are against the sovereignty of Nepal where as on the other hand Nepal Government turning a blind eye to the activities of Indian security agencies is yet another issue of broad discussion.  

In both ways diplomacy is required in transparent way  as terrorism is a hideous act against humanity and cannot be taken for-granted but the way and methods used to bypass  foreign diplomacy in the name of security cannot be overlooked.  Indian government cannot overlook and  step the sovereignty of Nepal in the name of security when we already have provisions through SAARC, Interpol and UN.

CRUX is Indian government and its  security agencies  have to be more vigilant about Nepal's sovereignty issues and should develop further better prospect of cooperation than to create embarrassing situation for both countries.