Extradition

The Process of Extradition

Context:

● A UK High Court rejected the application of Nirav Modi against his extradition to India.

Probable question:

1. With context to the Nirav Modi case, discuss the extradition of fugitives to India.

Extradition:

Extradition refers to the formal process of one state surrendering an individual to another state for prosecution or punishment of crimes committed in the requesting country’s jurisdiction.

Principles governing extradition:

● Principle of Dual Criminality: The offence committed by the fugitive should be recognized as an offence under the laws of both states.

● Principle of Competence: The state that has been requested to make the extradition must be convinced that there exist valid grounds to prosecute the fugitive.

● Principle of Proportionality: The punishment for the crime must be in proportion to the offence.

● Principle of Relative Seriousness:Extradition is not usually considered for minor offences; it is considered only for major offences.

● Principle of Reciprocity: There must be reciprocity between two states when it comes to extradition.

India- UK Extradition treaty:

● India and UK have a formal extradition treaty which was signed in 1992 and force since 1993 which is a bilateral agreement.

● Extradition applies to offences only that are stipulated in the treaty and the accused proceeds only in connection with the offence for which his extradition was requested.

● Article 2 of the India-UK Extradition Treaty states that an extradition offence is one which, under the laws of each contracting state, is punishable by imprisonment for at least one year.

● Samirbhai Vinubhai Patel was extradited to India from the UK in 2016. From the Indian side, Bangladeshi national Mohammad Abdul Shakur, wanted in the UK for murder, was recently extradited to the UK.

Importance of extradition:

● Extradition offers a legal avenue to prosecute criminals who have escaped the country and thus bring them to justice.

● The presence of an extradition treaty can act as a deterrent to criminals planning on fleeing the country.

Conclusion:

Extradition is a powerful avenue to ensure that escaped offenders are brought to justice. Signing extradition treaties with more countries and implementing justice system reforms at home will make India’s justice system robust.