Extradition

Extradition

Subject: Government policies

Context: The UK Court delivered the verdict holding that the evidence against NiravModi was prima facie sufficient to order his extradition to India to face the charges.

Concept:

• He is wanted by the Central Bureau of Investigation and the Enforcement Directorate in a Rs 13,500-crore bank loan fraud case in India.

What next?

• The court, however, said Modi would have the right to appeal (on a matter of law or fact or both) to the High Court against the decision to send the case to the Secretary of State. However, this appeal would not be heard until the Secretary of State has made a decision.
• If appeal is not made or denied the extradition process will start.

About extradition

• Extradition is the legal process to transfer person from one country to another who requires him/her to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State.
• In India it is governed under the Indian Extradition Act, 1962. This is for both extraditing of persons to India and from India to foreign countries.
• The Consular, Passport & Visa (CPV) Division, Ministry of External Affairs, Government of India is the Central/Nodal Authority that administers the Extradition Act and it processes incoming and outgoing Extradition Requests.
• The basis of extradition is treaty between two countries.
• In the absence of a treaty, a country can still make a request, which the other country will decide in accordance with its laws.

Procedure of extradition

• Information about the fugitive criminals is shared with the country of extradition through Interpol (in India CBI has an Interpol wing who does it for request from other countries), who passes to the police departments of that country.
• The information is passed to the immigration authorities.
• Post this action can be initiated for the extradition.
• In between the alleged criminal can utilize the appeal procedure against the extradition in country from where extradition is supposed to be done.

Most treaties generally follow at least five principles:

• Extradition applies only to offences stipulated as extraditable
• The offences must be covered under the national laws of both countries
• The requested country must be satisfied of a prima facie case
• The person must be tried only for the offence specified in extradition
• There must be a fair trial.