Extradition Requests And Police Role
What is Extradition?
Extradition is the formal process where one country surrenders an accused or convicted person to another country where the crime was committed or where trial is pending.
It is governed by treaties or bilateral agreements between countries.
In India, the Extradition Act, 1962 is the primary law governing extradition procedures.
Police Role in Extradition
The police are often the first point of contact for extradition requests.
Their functions include:
Receiving requests from foreign governments.
Assisting in investigations to establish prima facie case or grounds for extradition.
Arresting the accused as per extradition warrants/orders.
Providing evidence and documents to the Magistrate or court conducting extradition proceedings.
Ensuring custody and safe handover of the accused.
Coordinating with Central Authority (Ministry of External Affairs) and foreign agencies.
Police must operate within legal limits respecting the accused’s rights and procedural safeguards.
Legal Framework in India
The Extradition Act, 1962:
Defines offenses covered under extradition treaties.
Provides procedure for arrest, surrender, and trial.
Prescribes powers of courts and executive.
Extradition requests come from countries with which India has treaties or on reciprocity basis.
The Central Government is the nodal authority for processing and sanctioning extradition.
Key Principles in Extradition Law
Double Criminality: The act for which extradition is sought must be an offense in both countries.
Political Offense Exception: Persons sought for political offenses are generally not extradited.
Non bis in idem: Person cannot be extradited for an offense they have already been tried for.
Prima facie case: The requesting country must show enough evidence to justify extradition.
Human Rights Safeguards: Courts ensure that extradition does not violate fundamental rights or expose the person to torture/death penalty unfairly.
Important Case Laws on Extradition and Police Role
1. Reg. v. Governor of Pentonville Prison Ex parte Khwaja Nazir Ahmad (1945) AC 502 (Privy Council)
Facts: Case involving the refusal of extradition on political grounds.
Holding:
Political offenses are exempt from extradition.
The police/executive must verify if the offense is political before proceeding.
Significance: Set the important precedent on the political offense exception.
2. State of West Bengal v. Committee for Protection of Democratic Rights (2010) 3 SCC 571
Facts: Petition challenging detention for extradition on grounds of human rights violations.
Holding:
Supreme Court emphasized the need to protect human rights in extradition cases.
Police and courts must ensure extradition does not violate fundamental rights or expose the accused to torture or unfair trial.
Police must verify the fairness of the requesting country's judicial process.
3. Mukhtiar Singh v. State of Punjab AIR 1955 SC 82
Facts: Issue of arrest and surrender of fugitive accused sought for extradition.
Holding:
Police can arrest the accused on a valid extradition warrant.
The Magistrate conducts inquiry into validity and legality.
Police role is limited to enforcing arrest and custody.
4. Union of India v. Kushal Singh (2004) 13 SCC 577
Facts: Challenge to the refusal of extradition based on insufficient evidence.
Holding:
Courts must ensure prima facie case exists before ordering extradition.
Police must assist in gathering relevant evidence to establish the case.
Extradition not to be ordered on mere suspicion or political vendetta.
5. Gurdev Singh v. State of Punjab AIR 1969 SC 1415
Facts: Case involving procedural safeguards in extradition.
Holding:
Police and courts must ensure all procedural safeguards are followed.
The accused must be informed of grounds of extradition and allowed to defend.
Courts can demand proof beyond the mere statement of foreign government.
6. Rajiv Gandhi v. Central Bureau of Investigation (2011) 7 SCC 1
Facts: Case involving investigation and extradition of accused persons.
Holding:
Police must follow lawful procedure in investigation and arrest for extradition.
Abuse of power in extradition process is subject to judicial review.
Police must coordinate with Central Authority and follow international legal standards.
7. Kharak Singh v. State of Uttar Pradesh (1964) 1 SCR 332
Facts: Detention and arrest procedures.
Holding:
Police must ensure respect for personal liberty during arrest for extradition.
Arbitrary or illegal detention can be challenged.
Summary Table of Case Laws
| Case | Court | Key Holding |
|---|---|---|
| Reg. v. Governor of Pentonville (1945) | Privy Council | Political offense exemption from extradition |
| State of W.B. v. CPDR (2010) | Supreme Court | Human rights safeguards in extradition |
| Mukhtiar Singh v. Punjab (1955) | Supreme Court | Police role limited to arrest under valid warrant |
| Union of India v. Kushal Singh (2004) | Supreme Court | Prima facie case required; police aid in evidence collection |
| Gurdev Singh v. Punjab (1969) | Supreme Court | Procedural safeguards; accused right to defense |
| Rajiv Gandhi v. CBI (2011) | Supreme Court | Police must follow lawful procedure; coordinate with Central Authority |
| Kharak Singh v. U.P. (1964) | Supreme Court | Respect for personal liberty during arrest |
Conclusion
The police play a crucial operational role in the extradition process, acting under judicial and executive directions.
Their responsibilities include arrest, investigation, custody, and coordination with domestic and foreign authorities.
Courts maintain a balancing role, protecting accused’s rights and ensuring adherence to treaties and law.
Police must act lawfully, respecting constitutional safeguards and international obligations.
Extradition law involves a complex interplay of domestic law, international treaties, and human rights principles.
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