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HARPREET SINGH BRAR
Sukhpreet Singh Dhaliwal @ Budha – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. extradition and legal procedures (Para 1 , 2) |
| 2. diplomatic assurances binding parties (Para 3 , 4) |
| 3. court analysis of extradition status (Para 5) |
| 4. dismissal of petitions and orders (Para 6) |
| 5. disposition of miscellaneous applications (Para 7) |
JUDGMENT :
Mr. Harpreet Singh Brar, J.
In all the 13 cases, similar controversy has been raised and all are decided by this common order. However, the facts are borrowed from CRM-M-34834-2021.
2. Learned counsel for the petitioner submits that the petitioner was extradited to India only for the offence disclosed in FIR No.64 dated 14.04.2018 registered at Police Station Phase-I, SAS Nagar, Mohali. Moreover, upon the request for extradition made by the jurisdictional police authorities of District SAS Nagar, Punjab, the appropriate Armenian authority, after receiving the request, issued an order of detention (Annexure P-4). Learned counsel for the petitioner refers to the said order, submitting that it was passed to detain the petitioner for the purpose of extradition in accordance with the prescribed legal procedure. Subsequently, an order was issued upon examination of the motion for the petitioner’s detention for extradition
In extradition cases, a formal extradition decree is essential for Section 21 of the Extradition Act to apply; voluntary entry into a country negates the protections afforded by extradition.
Extradition cannot proceed under the Extradition Act if the accused faces pending charges in India, as mere bail does not constitute discharge.
Extradition Treaty - Restrictions on surrender - Request of the Petitioner- accused, for an expedited surrender and extradition, cannot be allowed, until the Petitioner continues to be an accused in ....
The judgment established the importance of 'Dual Criminality', authentication of documents, and seeking assurances about fair trial and legal aid in the Requesting State in extradition cases.
The main legal point established in the judgment is that the provisions of Section 24 of The Extradition Act, 1962 must be read along with Section 31, and the entitlement to discharge under Section 2....
(1) Sentence – Law would have application within country and does not have anything to do with extra-territorial application where trial and conviction has taken place for a local offence.(2) Sentenc....
The applicability of Section 436A for bail is determined by the nature and severity of alleged offences under relevant laws.
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