Shimla (Himachal Pradesh) [India], September 10 : The Himachal Pradesh High Court has granted the Union of India an additional six weeks to proceed in the high-profile State of H.P. vs. Mahesh Khattary & Others case, after the Centre cited delays in finalising an extradition treaty with Nepal due to the ongoing political unrest in the neighbouring country.
The treaty, aimed at facilitating the exchange of absconding criminals between India and Nepal, is reportedly in its final stages. However, Senior Panel Counsel for the Union Government, Lokinder Paul Thakur, told the court that "prevailing circumstances in Nepal" had stalled its conclusion.
Thakur informed the division bench, comprising Justice Vivek Singh Thakur and Justice Sushil Kukreja, that India had already shared a counter-draft of the treaty with Nepal on February 6, 2025, but Kathmandu had not yet responded. He sought six more weeks to allow the Centre to address the matter diplomatically and ensure compliance with court directives.
The bench accepted the submission and deferred the matter to November 17, 2025, to review progress on the treaty and decide on further proceedings.
The Mahesh Khattary matter is part of nearly 10 cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where the State of Himachal Pradesh filed criminal appeals in April 2023. Since then, the case has been listed 17 times and has seen 19 different court orders.
On July 8, 2025, a bench led by Justice Tarlok Singh Chauhan and Justice Sushil Kukreja had noted the delay in Nepal's response to the counter-draft. In the context of one of the NDPS and other criminal cases, the High Court had also directed the Centre to pursue the issue diplomatically to ensure the execution of warrants against accused persons residing in Nepal.
The Union Government Council's reply indicates that the treaty is critical for enabling cross-border law enforcement cooperation, especially in drug trafficking and other organised crimes. However, the recent unrest in Nepal, marked by political instability and administrative disruption, has caused the process to be temporarily put on hold.
With the treaty's progress stalled, extradition requests and the execution of warrants against accused individuals in Nepal remain pending, affecting several ongoing criminal cases in India.