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2020 Supreme(Del) 81
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANU MALHOTRA, J.
Sanjeev Kumar Chawla - Petitioner
Versus
The State - Respondent
Crl.M.C. No. 870 of 2020 & Crl.M.A. No. 3517 of 2020
Decided On : 20-02-2020
For the Petitioner:Vikas Pahwa, Sr. Advocate, Vineet Malhotra, Vishal Gohri, Hemant Shah, Shubhendu Kaushik, Vidushi Nishank, Sumer Singh, Syed Arham Masud, Ansh Kukreja, Prashant Goswami, Shadman, Varun Bhati, Advocates.
For the Respondent: Sanjay Jain, ASG, Harish Vaidyanathan Shankar (CGSC), Ashray Behura, Sanjay Lao (ASC), Kewal Singh Ahuja, APP.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 173(8) - Indian Penal Code, 1860 - Sections 420/120-B - Extradition of the petitioner from the UK for match-fixing conspiracy - Court upheld extradition under assurances by the Government of India regarding treatment during detention. The petitioner challenged police custody remand post-extradition, asserting it violated assurances that he would only be tried for extradition offenses. The Court ruled the petitioner could be interrogated at Tihar Jail without further police custody outside of those conditions, specifically allowed under the established framework. (Paras 1, 4, 42)
(B) Extradition Law - Rule of specialty - The Court reiterated that extradition cannot be used for purposes other than that specified in the extradition documents. (Paras 41, 46)
(C) Police Custody - The Court clarified that the police could investigate further post-cognizance, subject to judicial oversight. (Para 12)
| Table of Content |
|---|
| 1. allegations against petitioner for match-fixing. (Para 1 , 2 , 3) |
| 2. details of extradition and legal proceedings. (Para 4 , 5 , 10) |
| 3. assessment of governmental assurances and obligations. (Para 6 , 22) |
| 4. court's rationale for police custody remand. (Para 8 , 9) |
| 5. interpretation of extradition treaty and its implications. (Para 24 , 32 , 34) |
| 6. conclusion mandating tihar jail confinement. (Para 41 , 42) |
JUDGMENT :
1. The petitioner Sanjeev Kumar Chawla, a citizen of the United Kingdom herein is arrayed as accused No.4 in the final report under Section 173 of the Cr.P.C., 1973 filed by Inspector, Crime Branch dated 22.07.2013 in FIR No.111/2000, PS Chanakya Puri in the Court of the learned CMM, PHC, New Delhi for the alleged commission of the offences punishable under Sections 420 /120-B of the INDIAN PENAL CODE , 1860 in relation to an alleged conspiracy to fix matches during the India-South Africa Cricket series played through February-March, 2000 in alleged connivance with Mr.Hansie Cronje, Captain of the South Africa Cricket Team (who has since expired on 01.06.2002 in an air crash and against whom the proceedings have abated), with allegations against the petitioner herein to the effect that qua the five one day matches and three test matches played in the said India-South Africa series with ODI Matches having been played at Cochin, Jamshedpur, Faridabad, Vadodara and Nagpur with three test matches played at Mumbai and Bangalore,- the petitioner herein was allegedly the main conduit in the said match fixings and whilst allegedly committing the said crime, stayed in the same hotels where the teams were staying and allegedly gave money, mobile phones and transferred money into the accounts of the accused Mr.Hansie Cronje (since deceased) and was in regular contact with the accused persons namely Rajesh Kalra @ Rajesh, Krishan Kumar, Sunil Dara @ Bittoo and Manmohan Khattar and Mr.Hansie Cronje (since deceased).
2. As per the averments made in the police report under Section 173 of the Cr.P.C., 1973, submitted by the Crime Branch, whereas the three accused persons i.e. Rajesh Kalra @ Rajesh, Krishan Kumar and Sunil Dara @ Bittoo were arrested, the present petitioner Sanjeev Chawla @ Sanjay and Manmohan Khattar allegedly absconded with the present petitioner having left for the United Kingdom and the co-accused Manmohan Khattar having left for Canada/USA.
3. Vide order dated 23.07.2013, cognizance of the offence punishable under Sections 420 /120B of the INDIAN PENAL CODE , 1860 was taken by the learned CMM, PHC, New Delhi in relation to FIR No.111/2000,PS Chanakya Puri which had been registered in relation to the aforementioned alleged conspiracy of match fixing of the matches of the India-South Africa Series in 2000 and summons to accused Nos.1, 2 & 3 i.e. Rajesh Kalra @ Rajesh, Krishan Kumar, Sunil Dara @ Bittoo were directed to be issued with directions to the Investigation Officer to take appropriate steps for securing the presence of the accused no.4 i.e. the present petitioner and the accused no.5 Manmohan Khattar who were stated to be absconding.
4. A submission had been made on 23.07.2013 by the Investigation Officer of the case that steps would be taken qua extradition proceedings qua the present petitioner as well as for Manmohan Khattar. The present petitioner has since been extradited to India from the United Kingdom and on 12.02.2020 at 8.30 PM GMT (02-00 hours of 13.02.2020 IST) and was handed over to the escort team comprising of Dr.G. Ram Gopal Naik, DCP/Crime STARS-I in STF, Inspector Keshav Mathur and Inspector Gagan Bhaskar by the Metropolitan Police London at Bay No.B-43, Heathrow Airport, London, U.K. and had been arrested in this case and reached on 13.02.2020 at 11.00 hours IST at the IGI Airport and was thereafter was got medically examined at the Safdarjang Hospital vide MLC No.63117 at 15.08 hours and produced before the learned ACMM, PHC, New Delhi where the case is now pending trial.
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