In a significant development, Monika Kapoor, an alleged economic offender wanted in India for her involvement in a multi-crore financial fraud case, is being brought to India by the Central Bureau of Investigation (CBI) from the United States. The extradition marks the culmination of months of legal efforts for her extradition.

Media reports indicate that Kapoor, an Indian citizen who has been on the run for the past 26 years, is set to be brought back to India tonight, July 9.

What were obstacles to Monika Kapoor's extradition?

Kapoor's extradition process faced considerable legal hurdles in the United States. On May 19, US Supreme Court Justice Sonia Sotomayor had issued a temporary administrative stay on a lower court's ruling, which had initially permitted her extradition.

This hold, blocking a March 26 decision by a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, was intended to give the Supreme Court more time to review Kapoor's application to halt her removal.

While Justice Sotomayor did not provide specific reasons for the stay, it effectively paused the extradition process until further order.

Kapoor, who entered the US in 1999 and overstayed her visa, had been in immigration removal proceedings since 2010. She sought asylum, withholding of removal, and protection under the UN Convention Against Torture, claiming fear of persecution if returned to India.

Her application to the Supreme Court, filed on May 15, argued that the lower courts' approach contradicted rulings from other US circuits and denied her the right to fully argue her fear of torture.

What are the allegations against Monika Kapoor?

Indian authorities issued a warrant against Kapoor in April 2010, on charges of fraud under five sections of the Indian Penal Code. According to the 2nd Circuit ruling, Kapoor and her two brothers allegedly forged documents related to jewelry transactions to secure duty-free import licenses, resulting in a $679,000 fraud against the Indian government.

In her plea to the US Supreme Court, Kapoor asserted she fled India in 1999 with her two young children to escape political persecution. She claimed her family was targeted after refusing extortion attempts by officials, recounting incidents of illegal detention, verbal abuse, and threats of sexual violence from Indian authorities.

Despite her claims, a US magistrate judge in New York found Kapoor eligible for extradition under the US-India treaty. The US Secretary of State subsequently authorized the extradition, rejecting Kapoor's argument that her return would violate protections under the UN Convention Against Torture.

Kapoor's challenge to this decision through a habeas corpus petition was dismissed by a US District Judge, a ruling upheld by the 2nd Circuit, citing a 2001 Supreme Court precedent that bars federal courts from hearing habeas claims under the Convention in extradition cases.