Procedure for Extradition in India
The recent case involving a gangster has raised the concern of the Supreme Court over future extraditions.
What’s the Issue?
- Gangster Salem has argued that he cannot be sentenced to imprisonment for more than 25 years. This is because, at the time of his extradition, the Portuguese authorities were given legal and sovereign assurance in this regard.
- The Supreme Court has asked the Union Home Secretary to clarify the stand of the government on the matter, based on the argument given by gangster Abu Salem.
- It is known that Abu Salem was arrested in Portugal. He was later handed over or extradited to India. He was sentenced to life imprisonment in the 1993 Mumbai serial bomb blasts case.
- The Supreme Court has advised the government to also consider the international consequences of not fulfilling its earlier assurances.
Extradition in India
- Procedure for Extradition in India – According to the Supreme Court, “extradition” is the process by which one country handovers a wanted criminal or accused or convicted person to another country.
- However, the condition for this is that the offense of the said person should be adjudicating in the court of the country to be extradited.
- The Extradition Act, 1962 governs the process of extradition of a fugitive person from India to any other country or from another country to India.
- Under this Act, if India does not have an extradition treaty with any other country, the central government may treat any other international convention (or convention) as an extradition treaty.
- Provided that those offenses are specified in that convention, and India and the country concerned are both parties to such convention.
- The Ministry of External Affairs is the central authority to consider all extradition requests.
Extradition proceedings: Extradition proceedings are initiated upon receipt of a request for extradition.
This request is received in the following ways:
- Through direct diplomatic channels between India, and the requesting country
- Through a red notice received from Interpol; or through other established methods of mutual communication.
Source – The Hindu