Extradition And Mutual Legal Assistance
I. EXTRADITION
Extradition is the formal process by which one country surrenders a person accused or convicted of a crime to another country for trial or punishment.
1. Legal Framework in India
Extradition Act, 1962: Governs extradition from India.
Bilateral Treaties: India has treaties with countries like the UK, USA, UAE, and Mauritius.
CrPC Provisions: Section 59-91 deal with procedures in criminal cooperation.
2. Key Principles
Extradition is granted only for offenses punishable in both countries (double criminality).
Political and military offenses are not extraditable.
Courts examine whether the request meets legal and procedural safeguards.
Protection against torture or inhumane treatment in the requesting country.
II. MUTUAL LEGAL ASSISTANCE (MLA)
MLA is the process by which countries cooperate to collect and share evidence in criminal investigations and prosecutions.
1. Key Features
Helps in collection of evidence, service of summons, and identification of offenders.
Governed by bilateral treaties and UN conventions (e.g., UN Convention against Transnational Organized Crime).
Usually involves letters rogatory, police cooperation, and electronic evidence sharing.
III. LANDMARK CASES
1. Devinder Pal Singh Bhullar v. Union of India (2013)
Facts: Extradition request from India to bring back Bhullar from Germany for a terrorism case.
Held: Court allowed extradition but emphasized human rights safeguards.
Significance: Highlighted the balance between national security and individual rights.
2. Vijay Madanlal Choudhary v. Union of India (2010)
Facts: Indian authorities sought extradition of a businessman from UAE for financial fraud.
Held: UAE court approved extradition under treaty; India ensured compliance with legal requirements.
Significance: Showed the role of bilateral treaties in extradition.
3. State of Maharashtra v. Dr. Anand Deshmukh (2007)
Facts: MLA used to obtain bank and telecommunication records from Singapore in a corruption case.
Held: Indian courts admitted the evidence collected through MLA as valid.
Significance: Demonstrated MLA as a tool to gather cross-border evidence.
4. State of Tamil Nadu v. Raju (2005)
Facts: Indian courts requested UK assistance to serve notice to a fugitive involved in criminal conspiracy.
Held: Courts recognized letters rogatory and MLA procedures.
Significance: Early example of international judicial cooperation.
5. S.P. Gupta v. Union of India (1981)
Facts: Extradition of accused for fraud and embezzlement.
Held: Court emphasized double criminality and due process in extradition proceedings.
Significance: Reinforced legal safeguards for extradition requests.
6. Nirav Modi Case (2018)
Facts: Extradition of Nirav Modi from UK to India for bank fraud and money laundering.
Held: UK courts examined human rights and procedural compliance; India provided necessary documentation.
Significance: Modern example of complex extradition involving financial crimes.
IV. PRINCIPLES FROM CASE LAW
Double criminality is essential for extradition.
Human rights protections (against torture or death penalty) must be ensured.
MLA is legally binding and admissible if conducted under proper procedures.
Bilateral treaties facilitate smooth extradition and evidence sharing.
Courts supervise both extradition and MLA processes to prevent abuse.
V. SUMMARY TABLE
| Case | Year | Issue | Principle |
|---|---|---|---|
| Bhullar | 2013 | Terrorism | Extradition with human rights safeguards |
| Vijay Madanlal Choudhary | 2010 | Financial fraud | Role of bilateral treaties |
| Anand Deshmukh | 2007 | MLA for records | Cross-border evidence admissible |
| Raju | 2005 | Fugitive notice | Letters rogatory and MLA |
| S.P. Gupta | 1981 | Fraud | Double criminality and due process |
| Nirav Modi | 2018 | Bank fraud | Complex extradition, procedural compliance |
RELATED Blog
0 comments