New Delhi, July 30 - A day after Prime Minister Manmohan Singh said that the dialogue with Islamabad will depend on its action against terror, India Thursday said it has been asking Pakistan to hand over 42 fugitives, including mafia don Dawood Ibrahim, but Islamabad had refused to cooperate, citing the lack of an extradition treaty.

During question hour in the Rajya Sabha, External Affairs Minister S.M. Krishna said that Pakistan has not 'responded positively' to India's repeated requests for an extradition treaty and cited the lack of such a treaty for handing over Pakistani nationals wanted by India.

Krishna said a list of 42 fugitives, both Indian and Pakistani nationals, including those involved in the 1993 Mumbai serial bomb blasts and the 26/11 terror carnage in Mumbai, has been given to Islamabad.

Indicating Islamabad's reluctance to act, Krishna said whenever evidence or a dossier is given, Pakistan has said that it was not enough and cannot be proven in a court of law.

The minister said Pakistan has denied the presence of criminals like Dawood Ibrahim, Tiger Memon, Chota Shakeel and Lakhbir Singh who are among the Indian nationals wanted by New Delhi for their alleged complicity in various terror attacks in India.