Delhi HC dismisses plea moved by fugitive accused challenging extradition proceedings
Apr 09, 2022
New Delhi [India], April 9 : The Delhi High Court recently dismissed a plea moved by a fugitive accused challenging the extradition proceedings terming it 'premature'. The petitioner is an accused in a rape case lodged in London in May 2017. The petitioner had sought the quashing of extradition proceedings.
Justice Asha Menon dismissed the petition moved by Jose Inacio Cota observing, "This court is of the considered view that this petition is premature."
The bench observed, "It is clear from the submission made by the counsel for the petitioner, that the pleas taken here are precisely those which can be raised before the court dealing with extradition proceedings."
Justice Menon also observed, "It will be most inappropriate for this court, at this stage, to comment on these aspects, in a manner pre-empting the Extraditing Court from applying its mind independently. That could be prejudicial to either or both sides."
Advocate Arpit Batra, the counsel for the petitioner, had submitted that the extradition proceedings were liable to be quashed in as much as they have been initiated without due compliance of the Extradition Treaty between India and the United Kingdom (UK).
The Counsel for the petitioner also submitted that no authenticated warrants of arrests have been issued by a Judge or a Magistrate or Competent Authority from the requesting State (UK) as mandate under treaty. It also does not contain the evidence against the petitioner of the commission of the offence, as required under the law of requested State (India), petitioner submitted.
"The documents accompanying the Extradition Petition are Xerox copies and not the originals or the certified copies of the originals. The signatures appearing on the various documents were of different people and the signatures also appeared to be different," the counsel argued.
Relying on the observation of the Delhi High Court in Srichand P. Hinduja and others V/S State matter, the counsel submitted, "since none of these documents were capable of being proved during trial, the extradition proceedings be quashed."
On the other hand, Rekha Pandey, Special Public Prosecutor for the Central Government submitted that the petitioner has not chosen to appear before the Extraditing Court, where all the contention could be agitated. Hence, this petition should be dismissed.
This case pertains to the case of alleged rape at Two Rivers Pub in London on 28 May 2017. On the request of the government of the UK, the extradition proceedings were initiated in 2021 pending before the Patiala House Court, New Delhi.
