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Extradition

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51 views10 pages

Extradition

Public int law

Uploaded by

z5bp8jgb2k
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Extradition

• The term ‘extradition’ originates from two Latin


words- ‘ex‘ meaning ‘out’ and ‘tradium‘ meaning
‘give up’. It is based on the Latin legal maxim “aut
dedere aut judicare” meaning “either extradite or
prosecute”.
• As Oppenheim defined, “extradition is the delivery
of an accused or a convicted individual to the State
on whose territory he is alleged to have committed
or to have been convicted of, a crime by the state
on whose territory he happens for the time to be”.
Purpose of extradition

• To prevent escape from punishment .


• Extradition as a deterrence
• To maintain peace in the territorial state
• To reciprocate diplomatic kindness .
• To enhance international cooperation
Challenges in Extradition Law

The following are some of the challenges in extradition law:


• The requirement of double criminality is often misused by
fugitive criminals. They usually flee to a country where their act
does not constitute an offence.
• Most fugitive offenders who are connected to politics in some
way use it as an excuse to escape extradition, as most countries
avoid extradition of political offenders.
• Extradition procedures are highly time-consuming due to the
requirement of various paperwork.
• As far as India is concerned, one of the major challenges is that
India has extradition treaties with only a limited number of
countries.
Essential Condition for Extradition
• Principle of Double Criminality
• Prima Facie case
1. The witness would be entitled to a reasonable degree of
credit
2. The degree of proof should be higher than in ordinary
criminal prosecution
3. The evidence must by inconvertible leading to the probable
and strong presumption of the offence against the accused
• Rule of Speciality
US v. Rouscher
Respondent got extradited by US on the ground that, while being a
servant in a ship had run away after murdering a fellow convict
• Bilateral Treaty
• Sucha Singh Case- Accuse of having murdered
Pratap Sing Kairon, the former Chief Minister
of Punjab
• Abu Salem Case
• Tarasov Extradition Case
Vijay Mallaya’s case

• The case of Mr. Vijay Mallaya, the business tycoon and owner of
Kingfisher Airlines and United Breweries Holdings Ltd., is arguably the
most well-known extradition case in India (Dr Vijay Mallya v.
State Bank Of India (2018)). He owed a whopping debt of over ₹6,000
crores to 17 Indian banks including the State Bank of India and the
Indian Overseas Bank. Fearing an impending arrest, Mallaya fled from
India to the United Kingdom in 2016. His extradition was sought by
India in 2017. Mallya’s extradition case was laid before the
Westminster Magistrate’s Court in London. In 2018, the Court ordered
his extradition to India. His appeal at the High Court in London was
rejected; however, he has not been brought back to India yet due to
ongoing legal procedures. It’s also worth noting that in 2019, he was
declared a ‘Fugitive Economic Offender’ under the
Fugitive Economic Offenders Act, 2018.
Nirav Modi’s case

• Mr Nirav Modi was a luxury diamond jewellery merchant. In


2018, the Punjab National Bank (PNB) filed a complaint
before the Central Bureau of Investigation (CBI), alleging
Nirav, along with his wife Mrs Ami Modi, of fraudulently
obtaining fake Letters of Understanding (LoU) worth
₹11,400 crores. The money was then channelised to his
fifteen overseas sham companies. Following a CBI probe, the
Enforcement Directorate (ED) confiscated Nirav’s assets in
India. He fled India and sought asylum in the United
Kingdom. Interpol issued a Red Corner Notice against him in
2018. Following an extradition request from India, a
Westminster Court issued an arrest warrant against Nirav.
Re Castioni’s case

• In this case of 1891, a murderer escaped from


Switzerland to England. The government of
England rejected the extradition request of
Switzerland. The court held that the accused
murdered in order to cause political disturbance,
which constitutes a crime of political nature.
Hence, England was not obliged to extradite him.
• The practice of non-extradition of political crime
began with French Revolution of 1789.
• Music Director- Nadeem Akhtar

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