NEW DELHI: Nirav Modi ’s reported appeal to seek political asylum in the United Kingdom (UK) has brought to fore difficulties and challenges over extradition of Indian nationals from Britain, with the issue emerging as the biggest irritant in bilateral ties in recent years.The total number of fugitives India requested UK to extradite since 2002 is 28 but only one — Samirbhai Vinubhai Patel — has so far been extradited.The UK has in fact declined to extradite nine Indian nationals from the list of 28, according to people familiar with the issue. Besides, courts in the UK have declined to issue arrest warrant against three of Indian fugitives. There are as many as 15 cases including Vijay Mallya and Tiger Hanif against whom India’s request to extradite has been pending with UK.Britain’s legal system is biggest hurdle in the process with several checks and balances in the process of extradition. India and the UK signed extradition treaty in 1992 and it became effective in 1993.The process of extradition from the UK is a rather complex one. After India sends request for extradition to the UK Secretary of State, he or she decides whether to certify the request. After that a court decides whether to issue a warrant for arrest. Thereafter, the person wanted is arrested and brought before the court. This is followed by a preliminary hearing and then an extradition hearing. If the court rules in favour of extradition, Secretary of State decides whether to order for it.During the extradition hearing in a UK court, the judge must be satisfied that ‘the conduct described in the warrant amounts to an extradition offence, and meets, in almost all cases, the requirement that the conduct would amount to a criminal offence were to have occurred in the UK, and minimum levels of severity of punishment’.The judge must also decide if extradition would be disproportionate or would be incompatible with the requested person’s human rights.The decision of Secretary of State can be appealed at a high court and the order of high court can be appealed at Supreme Court. Extradition is prohibited if it exposes the person to possible death penalty.