What is the News?
The U.K.’s Home Department approves the extradition of diamond merchant Nirav Modi to India. He is wanted in India in connection with the Punjab National Bank(PNB) fraud.
- Extradition is the formal process of surrendering an individual from one state to another state. The aim of the process is prosecution or punishment for crimes committed by an individual in the requesting country’s jurisdiction.
- Governed by: The extradition of a fugitive from India to a foreign country or vice-versa is governed by the provisions of the Indian Extradition Act, 1962.
- Nodal Authority: Consular, Passport & Visa (CPV) Division, Ministry of External Affairs is the Central/Nodal Authority administers the Extradition Act. It processes incoming and outgoing Extradition Requests.
- Extradition can be initiated in the case of under-investigation, under-trial and convicted criminals. In cases under investigation, law enforcement agencies have to ensure that it has prima facie evidence. That is to prove the allegation before the Courts of Law in the Foreign State.
What are Extradition Treaties?
- Section 2(d) of The Indian Extradition Act 1962 defines an ‘Extradition Treaty’ as a Treaty or an Agreement made by India with a Foreign State, relating to the extradition of fugitive criminals which extends to and is binding on India. Extradition treaties are traditionally bilateral in character.
- Five Principles: Generally, there are five principles which are followed under the treaty:
- Firstly, the principle of extraditable offences lays down that extradition applies only to offences clearly mentioned in the treaty;
- Secondly, the principle of dual criminality requires that the offence for which the extradition requested, should be an offence in both countries i.e. extradition requesting country and the requested country;
- Thirdly, the requested country must be satisfied that there is a prima facie case made out against the offender/accused;
- Fourthly, the extradited person must be proceeded against only for the offence (rule of speciality), for which his extradition was requested; and
- Finally, he must be accorded a fair trial (this is of course part of international human rights law now).
Note: India and the UK signed an extradition treaty in 1992.
Source: The Hindu