Delhi High Court Upholds Extradition Of Man Charged With Murder Of Family In Oman

The Delhi High Court on Friday upheld the Union Government’s decision to extradite a man charged with murder of a family, including three minor children, in Oman.

Justice Amit Bansal dismissed the petition moved by the accused, Majibullah Mohammad Haneef, challenging a trial court order recommending his extradition to Oman for facing murder trial.

“…the present petition, along with pending applications, is dismissed and the impugned order passed by the learned ACMM is upheld. Consequently, the decision of the Union of India to extradite the petitioner to the Sultanate of Oman is upheld,” the court said.

In July 2019, an Omani national along with his wife and three minor children were found dead at their home. On preliminary investigation, the authorities in Oman found fingerprints and DNA samples of Haneef, along with that of three other Fugitive Criminals (FCs).

All four men were found to have committed offences of premeditated murder felony punishable under Article 302A of the Penal Code of Oman. Subsequently, all of them absconded from Oman to India.

Arrest warrants were issued against all four men through Central Bureau of Investigation (CBI) Interpol and the petitioner was arrested in September, 2019. On a request made by the Central Government, the trial court conducted an inquiry for extradition.

Upholding petitioner’s extradition, the court observed that the offence of murder is punishable in both India and Oman with a punishment of more than one year imprisonment and it is therefore an extraditable offence as per the Extradition Treaty.

“It is a matter of record that despite opportunity granted, no defence evidence was led on behalf of the petitioner before the learned ACMM. Further, these are the defences that would be open to the petitioner to be taken at the time of trial before the concerned court in the Requesting State. For the purposes of the inquiry under the Extradition Act, sufficient material has been placed by the Requesting State so as to make out a prima facie case in support of extradition,” the court said.

It added that the trial court had correctly observed in the Inquiry Report that all the requirements for extraditing the petitioner stood satisfied.

Furthermore, the court noted that on petitioner’s representation, the Union Government engaged with Oman to seek assurances about his fair trial, free legal aid and services of an interpreter during trial.

“A perusal of the above communication would show that the Requesting State has assured the Government of India that the petitioner will have a fair and just trial and he would be provided with a lawyer to defend himself and an interpreter would also be provided to him during the investigation as well as the trial. The legal provisions that exist in the Requesting State with regard to death penalty and commutation thereof as well as the provision of pardon have also been elucidated in the aforesaid communication,” the court said.

Counsel for Petitioner: Mr.Bahar U. Barqui and Mr.Maroof Ahmad, Advocates

Counsel for Respondent: Mr.Chetan Sharma, ASG, Mr.Ajay Digpaul, CGSC, Mr.Amit Gupta, Ms.Swati Kwatra, Ms.Ishita Pathak, Mr.Kamal Digpaul and Mr.Saurabh Tripathi, Advocates

Title: MAJIBULLAH MOHAMMAD HANEEF v. UNION OF INDIA

Citation: 2023 LiveLaw (Del) 1164

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