VERY IMPORTANT POINT
A fugitive brought into this country under an Extradition Decree can be tried only for the offences mentioned in the Extradition Decree and for no other offence and the Criminal Courts of this country will have no jurisdiction to try such fugitive for any other offence.

Headnote:(i) Extradition Act, 1962-Section 21 read with Section 2(c)-Extradition Treaty between United States and U.K. and Northern Ireland with Government of Republic of India-Article 7-Fugitive brought into India under an Extradition Decree-Trial of-Restrictions on-Bar to trial for other offences-Fugitive brought into India under an Extradition Decree can be tried only for offences mentioned in Extradition Decree and for no other offence under Criminal Courts in India will have no jurisdiction to try such fugitive for any other offence.
       The Provisions of Section 21 places restrictions on the trial of the person extradited and it operates as a bar to the trial of the fugitive criminal for any other offence until the condition of restoration or opportunity to return is satisfied. Under the amended Act of 1993, therefore, fugitive could be tried for any lesser offence, disclosed by the facts proved or even for the offence in respect of which for foreign State has given its consent. It thus, enables to try the fugitive for a lesser offence, without restoring him to the State or for any other offence, if the State concerned gives its consent. In other words, it may be open for our authorities to obtain consent of the foreign State to try the fugitive for any other offence for which the extradition decree might not have mentioned, but without obtaining such consent, it is not possible to try for any other offence, other than the offence for which the extradition decree has been obtained. (Para 3)
       Article 7 of the Extradition Treaty unequivocally indicates that the person concerned cannot be tried for any other crime or offence than those for which the extradition shall have taken place until he has been restored or has had the opportunity of returning to the territories of the High Contracting Party by whom he has been surrendered. The provisions of Section 21 of the Extradition Act is in consonance with the aforesaid Article of the Extradition Treaty. (Para 3)
       Extradition treaties between nations, draft conventions and national laws and practices have revealed that some customary rules of international law have developed in the process. The doctrine of speciality is yet another established rule of international law relating to extradition. Thus, when a person is extradited for a particular crime, he can be tried for only that crime. If the requesting State deems it desirable to try the extradited fugitive for some other crime committed before his extradition, the fugitive has to be brought to the status quo ante, in the sense that he has to be returned first to the State which granted the extradition and a fresh extradition has to be requested for the latter crime. The Indian Extradition Act makes a specific provision to that effect. In view of Section 21 of the Indian Extradition Act of 1962 an extradited fugitive cannot be tried in India for any offence other than the one for which he has been extradited unless he has been restored to or has had an opportunity to return to the State which surrendered him. The doctrine of speciality is in fact a corollary to the principles of double criminality, and the aforesaid doctrine is premised on the assumption that whenever a State uses its formal process to surrender a person to another state for a specific charge, the requesting State shall carry out its intended purpose of prosecuting or punishing the offender for the offence charged in its request for extradition and none other. (Para 3)
       In view of the aforesaid position in law, both on international law as well as the relevant statute in this country, we dispose of these cases with the conclusion that a fugitive brought into this country under an Extradition Decree can be tried only for the offences mentioned in the Extradition Decree and for no other offence and the Criminal Courts of this country will have no jurisdiction to try such fugitive for any other offence. (Para 3)
       (ii) International law-Extradition-Trial of Extradited fugitive-Restrictions on-Doctrine of Speciality-Purpose, objective and necessity of extradition-Necessity of extradition treaty-Extradited fugitive cannot be tried for any offence other than those mentioned in Extradition treaty.
       In the modern world interdependence of States is natural and essential and consequently the importance of extradition and problems of extradition would arise. It has become so easy of a fugitive to escape from the law of the land and if law has to take its course and pursue the offender, extradition proceedings are a necessary instrument to secure the return of the offender to the altar of law. Laxity in the extradition efforts would only increase the offender s appetite to commit crimes with impunity by fleeing to a foreign territory where he cannot be touched except through extradition. There is a natural tendency on the part of the State of asylum to facilitate the surrender of the fugitive. But extradition of a fugitive is not that smooth as one thinks. The liberty of an individual being an inalienable right, many States, particularly the United States of America and the United Kingdom, prescribe that no fugitive will be extradited in the absence of an extradition treaty between the two countries. But extradition is always necessary and no fugitive should be given the impression that he can commit an offence and flee from the country by taking shelter in a foreign country. At the same time surrender must be preceded by proper precautions to the effect that nobody is denied the due process of law and nobody is being made a victim of political vindictiveness. Extradition is practised among nations essentially for two reasons. Firstly, to warn criminals that they cannot escape punishment by fleeing to a foreign territory and secondly, it is in the interest of the territorial State that a criminal who has fled from another territory after having committed crime, and taken refuge within its territory, should not be left free, because he may again commit a crime and run away to some other State. Extradition is a great step towards international cooperation in the suppression of crime. It is for this reason the Congress of Comparative Law held at Hague in 1932, resolved that States should treat extradition as an obligation "resulting from the international solidarity in the fight against crime." In Oppenhiem, International Law the expression is defined as "Extradition is a delivery of an accused or a convicted individual to the State on whose territory he is alleged to have committed or to have been convicted of a crime, by the State on whose territory the alleged criminal happens for the time to be". There is no rule of international law which imposes any duty on a State to surrender a fugitive in the absence of extradition treaty. The law of extradition, therefore, is a dual law. It is ostensibly a municipal law; yet it is a part of international law also, inasmuch as it governs the relations between two sovereign States over the question of whether or not a given person should be handed over by one sovereign State to another sovereign State. This question is decided by national courts but on the basis of international commitments as well as the rules of international law relating to the subject. The doctrine of speciality is yet another established rule of international law relating to extradition. Thus, when a person is extradited for a particular crime, he can be tried for only that crime. If the requesting State deems it desirable to try the extradited fugitive for some other crime committed before his extradition, the fugitive has to be brought to the status quo ante, in the sense that he has to be returned first to the State which granted the extradition and a fresh extradition has to be requested for the latter crime. (Para 3)

JUDGMENT

Pattanaik, J.-The Writ Petition and the Special Leave Petitions raised the common question, and as such were heard together and are disposed of by this common judgment. The grievance of the petitioner Daya Singh Lahoria, in the Writ Petition is, that the Criminal Courts in the country have no jurisdiction to try in respect of offences which do not form a part of the extradition judgment by virtue of which the petitioner has been brought to this country and he can be tried only for the offences mentioned in the Extradition Decree. The petitioner has also prayed for quashing of the FIR and charge sheet against him which are not included in the extradition judgment of the USA Court. It appears, that the United States District of Texas Fort Worth Division issued the judgment of certification of extraditability and the said decree certifies to sustain under Extradition Treaty between the United States and the United Kingdom and Northern Ireland with the Government of Republic of India and specifies the offences for which the accused, mentioned in the extradition order could be tried. It is the contention of the petitioner that he cannot be tried for the offences other than the offences mentioned in the extradition order as that would be a contravention of Section 21 of the Extra dition Act as well as the contravention of the provisions of the International Law and the very Charter of Extradition Treaty.

2. The Special Leave Applications are directed against the order of Rajasthan High Court wherein the High Court refused to entertain a Habeas Corpus Petition and decide the question as to the jurisdiction of the Designated Court under the provisions of the Terrorist and Disruptive Activities (Prevention) Act, 1987, on the ground that an objection to the said jurisdiction could be made under Section 18 of the Act before the very Designated Court and an application for insurance of a Writ of Habeas Corpus would not lie. The question for consideration in the said Special Leave Petitions, therefore, is whether an accused, who is being tried in respect of offences under the Extradition Treaty can be tried for any other offence which does not form a part of the decree in view of the specific provision contained in Section 21 of the Extradition Act, 1962.

3. To consolidate and amend the law relating to the extradition of fugitive criminals and to provide for matters connected therewith, or incidental thereto, the Extradition Act of 1962 has been enacted. Prior to the enactment of the aforesaid law of extradition applicable to India was found scattered in the United Kingdom Extradition Act of 1870, the Fugitive Offenders Act, 1881 and the Indian Extradition Act, 1903. The expression extradition means, surrender by one State to another of a person desired to be dealt with for crimes of which he has been accused and which are justiciable in the Courts of the other States. The rights of a citizen not to be sent out to foreign jurisdiction without strict compliance with law relating to extradition is a valuable right. This Extradition Act is a special law dealing with criminals and accused of certain crimes and it prescribes the procedure for trial as well as the embargo in certain contingencies. The expression `extradition offence has been defined in Section 2(c) of the Act to mean, in relation to a foreign State, being a treaty State, an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a composite offence. The expression extradition Treaty has been defined in Section 2(d) to mean, a treaty (agreement or arrangement) made by India with a foreign State relating to the extradition of fugitive criminals and includes any treaty relating to the extradition of fugitive criminals made before the 15th day of August, 1947, which extends to, and is binding on, India. The expression `foreign State is defined in Section 2(e) includes any St

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2001 Supreme(SC) 699

VERY IMPORTANT POINTA fugitive brought into this country under an Extradition Decree can be tried only for the offences mentioned in the Extradition Decree and for no other offence and the Criminal Courts of this country will have no jurisdiction to try such fugitive for any other offence.

VERY IMPORTANT POINT
A fugitive brought into this country under an Extradition Decree can be tried only for the offences mentioned in the Extradition Decree and for no other offence and the Criminal Courts of this country will have no jurisdiction to try such fugitive for any other offence.