Delhi Court Recommends Extradition Of Indian Man To Australia For Rash & Negligent Driving; Dismisses Claim Of Racial Bias

A Delhi Court recently recommended Extradition of a fugitive criminal to Australia for the offences of culpable driving, negligently causing serious injury and improper use of a foreign travel document, which resulted in a death of a pedestrian while seriously causing injuries to the other in 2008.

Additional Chief Metropolitan Magistrate Akash Jain rejected the argument raised by the fugitive criminal, Puneet, that he was being targeted by local media and local community of Australia on account of race and nationality.

"While, testimonies of DW-1 and DW-2 are not pertaining to facts of the present case, DW-3 could not bring any substantial evidence on record to show that FC is being prosecuted in the present case on account of his race, religion or nationality. Merely stating that there has been a racial bias and political motivation without cogent proof will not serve the case of FC," the Court said.

"In view of my report, I hereby recommend to the Union of India the extradition of FC Puneet to the Requesting State i.e. Government of the Commonwealth of Australia for facing trial for the offences..," the Court added.

Puneet was charged with Culpable Driving causing death of one pedestrian and negligently causing serious injuries to the other on October 1, 2008.

The case against him was that he was allegedly driving a Sedan car in a drunken state and in rash and negligent manner thereby killing Dean Byron Hofstee and caused serious injuries to Clancy Coke.

He was granted bail by Melbourne Magistrate's Court subject to various conditions. On pleading guilty for the offences in 2009, his bail was extended on account of proceedings being adjourned.

Thereafter, he failed to appear before the Court after which a warrant of arrest was issued against him by County Court for offences of culpable driving and negligently causing serious injury.

However, Puneet had reportedly left Australia on June 12, 2009 using passport of another Indian National namely, Sukhcharanjit Singh.

A formal request for extradition was then received from Australia in February 2010. Centre had then moved an application before the Delhi Court for issuance of production warrants after which he was sent to judicial custody.

To answer the question as to whether the offences for which extradition was sought were extraditable offences, the Court compared Australian provisions under which Puneet was charged with the offences under the Indian Penal Code.

Accordingly, the Court observed that there were prima facie offences made out against the fugitive criminal under sec. 304A ((Causing death by negligence), sec. 279 (Rash driving or riding on a public way) and sec. 12 (1)(d) of Passports Act, 1967.

"Since, the offences prima-facie made out against FC under Indian Law are under Section 304 Part-II IPC, Section 279/338 IPC and Section 12(1)(d) of Passports Act, which are punishable with imprisonment for a period more than one year and upto 10 years, they fulfil the criteria of 'extradition offence' as defined in the Treaty," the Court said.

Accordingly, the Court recommended extradition of Puneet by ordering thus:

"A copy of this report be sent to the UOI through the Ld. Counsel and one copy be given to FC free of costs. The copy of this report be also uploaded on the website as per rules. The FC is also being informed of his right to file written statement/representation in terms of Section 17(3) of The Extradition Act, 1962."

Title: Union of India v. Puneet

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