Extradition law

To catch a fugitive
Twenty-six years after the Bhopal gas tragedy, a lot of hue and cry has been
generated on former Union Carbide CEO Warren Anderson’s extradition. Between
2003 and 2008, the government had sent at least three requests, all of which were
rejected. The government has promised to pursue the matter afresh. THE INDIAN
EXPRESS explains the extradition process
What is extradition?
Extradition can be described as the process by which a country upon the re- quest of another
surrenders to the latter a person found within its jurisdiction for trial and punishment or, if he has already
been convicted, only for punishment, on account of a crime punishable by the laws of the requesting
country and committed outside the territory of the requested country.
Why is it important?
Extradition plays an important role in the international battle against crime. It owes its existence to the
so-called principle of territoriality of criminal law, according to which a state will not apply its penal
statutes to acts committed outside its boundaries except where protection of special national interests is
at stake.
How does it work in India?
The extradition of a fugitive from India to a foreign country or vice-versa is governed by the provisions of
Indian Extradition Act, 1962. The basis of extradition could be a treaty or an arrangement between In-
dia and a foreign country. Under Section 3 of the Act, a notification could be issued by the GoI
extending the provisions of the Act to the country/coun-
Sweden, Thailand, Tanzania and Portugal are prominent nations India has extradi- tion arrangements
with.
How is an extradition filed?
Extradition request for an accused/ fugi- tive can be initiated after charge sheet has been filed before an
appropriate court. The court, having taken cognisance, must have issued orders justifying accused/ fugi-
tive’s committal for trial on the basis of ev- idence made available in the charge sheet. The court must
have sought presence of the accused/ fugitive to face trial in the case before the request is filed.
What are the documents required to move an extradition request? ■ A self-contained affidavit executed
by the court by whom the fugitive is wanted or by a senior officer (not below the rank of Superintendent
of Police) in charge of the case, sworn before a judicial magistrate of the concerned court. ■ The affidavit
must contain brief facts and history of the case, criminal’s descrip- tion establishing his identity;
provision of the law invoked etc. It must also reflect the law in question which was in force at the time of
commission of the offences and whether it is still in force.
■ The affidavit should in- dicate if the accused was extradited to India, he would be tried in India only for
those offences for which his/ her extradition is sought.
■ Copy of FIR. ■ A letter/order from the concerned court justify- ing accused person’s committal for trial
on the basis of evidence made available in the charge sheet. ■ Warrant of arrest
should be in original and open dated indicating only those offences for which the accused is charged
and court has taken cognisance with rel-
evant sections thereof. ■ The request is to be made in quadruplet. ■ The request should contain a
letter/note from a senior official not below the rank of Joint Secretary.
What are the additional documents/ proofs re- quired in the case of Warren Anderson?
The CBI in consultation with the Union Law Min- istry has to provide addi- tional evidence to prove
Warren Anderson’s personal culpability in the Bhopal gas tragedy case.
Can the negotiating countries put for- ward their conditions? The treaty varies from country to country
and the negotiation is a two-way process where countries can put forward their conditions — as was
evident in the case of Abu Salem. In February 2004, a Portugal court cleared his extradition to India to
face trial in the 1993 Mumbai bomb blasts case. In November 2005, Portuguese au- thorities handed
him over along with Monica Bedi to the Indian authorities on the assurance by the then Home Minister L
K Advani that death penalty would not be awarded to either him or Bedi.
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tries notified. Information regarding the fugitive criminals wanted in for- eign countries is received
directly from the con- cerned country or through the General Secretariat of the ICPO-Interpol in the form
of red notices. The Interpol Wing of the Cen- tral Bureau of Investiga- tion (CBI) passes it on to the
concerned police organisations.
What are the provisions under law to pursue extradition? ■ Indian Extradition Act Article No. 34 (b) of
1962 provides procedure for the arrest and extradition of fugitive criminals under certain conditions
which includes receipt of the re- quest through diplomatic channels only and under the warrant issued
by a magistrate having a com- petent jurisdiction.
Abu Salem
■ The Section 41 (1) (g) of the CrPC 1973 authorises the police to arrest a fugi- tive criminal without a
warrant. But they must im- mediately refer the matter to Interpol Wing for on- ward transmission to the
GoI for taking a decision on extradition or otherwise.
■ Section 188 CrPC 1973 applies to cases where the fugitive criminal is an Indian na- tional, treating as
if the offence has been committed at any place in India at which he may be found. The trial can only
take place with the previous sanction of the Centre.
Does India have extradition treaties with other countries? India has extradition treaties with several
countries, including the US, UK, Russia, France, Germany, Spain, UAE, Switzer- land, Mexico,
Mauritius, Canada, Hong Kong, Belgium, Nepal, the Netherlands, Bhutan, Uzbekistan, Turkey,
Mongolia, Tunisia, South Korea, Oman, South Africa, Bahrain, Poland, Ukraine, Kuwait.
Does India share extradition arrange- ments with any country? Australia, Fiji, Italy, Singapore, Sri
Lanka,