The visiting Azerbaijan Justice Minister Fikrat Mammadov signed a bilateral extradition treaty with the Indian Minister of State for External Affairs E Ahamed here on Thursday.

He also signed a treaty on mutual legal assistance in criminal matters with the Indian Home Minister Sushilkumar Shinde.

Mutual Legal Assistance Treaty is one of the significant legal instruments to improve and facilitate effectiveness of the contracting states in investigation and prosecution of transnational crime including terrorism by providing the necessary legal framework for rendering/receiving legal assistance in criminal matters.

Mammadov, who is on a two-day official visit to India at the invitation of the Indian Minister of Law and Justice Dr Ashwani Kumar, signed a treaty on mutual legal and judicial cooperation in civil and commercial matters.

These agreements will provide the necessary legal framework for facilitating our contacts and interaction in the areas of extradition of citizens of one country to the other, whenever required; and for extending any legal assistance sought by one country from the other in the investigation of criminal as well as civil and commercial cases.

The treaty between the two countries in civil matters is a comprehensive agreement for reciprocal arrangement with foreign countries for service of summons under Section 29 (C) of Indian Code of Civil Procedure (CPC) 1908 for issuing Letters of Requests under Section 77 CPC, for taking of evidence under Section 78 of CPC, for execution of civil decrees and for enforcement of arbitral awards under Section 44 (b) of the Indian law - Arbitration and Conciliation Act, 1996.

Similar treaties on civil and commercial matters have already been signed with France, UAE, Russia, Bahrain, Kuwait, Mongolia, Bulgaria and Kazakhstan.
The treaty between India and Azerbaijan was under negotiation since 1999. During the visit of the delegation of of the Azerbaijan Government to New Delhi on June 9-11, 2010, the negotiations were held and the treaty was initialed.

In India, the Union Cabinet approved on July 19, 2012 the proposal for signing of the treaty, its ratification and issuance of necessary notification.
The provisions of the treaty are in conformity with the provisions of municipal laws and no amendment in the municipal laws would be required for giving effect to this treaty.

As per provisions of the treaty requests for legal assistance will be made through the central authorities of the contracting parties. In India the central authority is the Union Ministry of Law and Justice and in Azerbaijan, the central authority is the country’s Ministry of Justice.

The treaty aims to benefit the citizens of both the countries seeking legal assistance in civil and commercial matters irrespective of any gender, class or income bias.

After the treaty comes into force in both the countries, it will facilitate to greater accountability for contracting parties for service summons, taking of evidence and recognition and execution of court decisions and arbitral awards in civil and commercial matters.