An Accused Cannot Be Arrested In Any Case Till A Request For Extradition Is Merited: Delhi HC [Read Order]

This observation was made by the High Court while disposing of a Writ filed by Mr. Vinay Mittal (the Petitioner) who has been charge-sheeted in seven separate case, for siphoning of funds from the Punjab National Bank, by the Central Bureau of Investigation (CBI). During the course of the Trial, the Petitioner left India and failed to appear before the Courts in proceedings instituted by the CBI due to which he was declared as a proclaimed offender. In view of the Petitioner's failure to attend the court proceedings, a Red Corned Notice was issued against him. As per CBI, after the Petitioner was located in Indonesia and arrested by the Indonesian Authorities, an extradition request was sent through proper channels to the Indonesian Authorities. Consequently, the Petitioner was extradited in terms of a decree passed by the President of the Republic of Indonesia. After the Petitioner was brought to India by the CBI, he was produced before the Special Judicial Magistrate, Ghaziabad and was remanded to Judicial Custody.

In the meanwhile, six more separate extradition requests in the remaining six cases were also made through diplomatic channels.

As per the Petitioner, his arrest in India for the other 6 cases wherein the Extradition requests are pending, are illegal and in violation of Section 21 of the Extradition Act, 1962. It was contended by the Petitioner that since the Petitioner was extradited only in one matter, he could not be prosecuted in other cases filed against him. Reliance was placed on Rule of Specialty as embodied in Article 14 of the extradition treaty between Republic of India and Republic of Indonesia.

After hearing both the parties, the Hon'ble Court opined that, "It is clear from the language of Section 21 of the Extradition Act, 1962 that a person who has been extradited and returned by a foreign State cannot be tried in India for an offence other than the extradition offence in relation to which he was surrendered or returned."

Further reliance was placed on the case of Daya Singh Lahoria vs. Union of India & Ors. (2001) 4 SCC 516, wherein the Hon'ble Supreme Court has explained the Doctrine of Specialty to conclude that the Petitioner cannot be arrested in any other case till the pending extradition requests are acceded to by the Republic of Indonesia, is merited. It was however, clarified that there would be no impediment on the CBI in prosecuting the Petitioner in other cases once the extradition requests in respect of those cases are acceded to by the Republic of Indonesia.

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