* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 08^th October, 2025 Pronounced on: 16th March, 2026 + W.P.(CRL) 1188/2019, CRL.M.A. 8679/2019, CRL.M.A.

36563/2019, CRL.M.A. 36564/2019, CRL.M.A. 36565/2019, CRL.M.(BAIL) 6270/2020 & CRL.M.(BAIL) 749/2021 KANWARJEET SINGH BATTH S/o Late Shri Subeg Singh Through Davinder Kaur (Pariokar/ Mother)

R/o H.No. 298, Akash Avenue, Fatehgarh Churiyan Road, Amritsar, Punjab .....Petitioner Through: Mr. Sanjay Mishra, Advocate versus UNION OF INDIA Ministry of External Affairs, Delhi Through Standing Counsel, Union Of India, High Court of Delhi, .....Respondent Through: Mr. N.K. Matta, SPP with Mr. Siddharth Kaushik and Mohd.

Faizan Khan, Advocates CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Writ Petition under Articles 226/227 of the Constitution of India has been filed on behalf of the Petitioner, Kanwarjeet Singh Batth for setting aside/quashing the Order of learned ACMM dated 25.02.2019 whereby the extradition of Fugitive Criminal/the Petitioner (hereinafter referred to as “Fugitive Criminal/FC”), was recommended and Union of India was directed to send the Petitioner to the requesting State, i.e. United Kingdom for facing trial for the offence of murder.

2. Briefly stated, the Ministry of External Affairs, Government of India, vide its Letter bearing number T-413/91/2012 dated 14.07.2015 requested for extradition of the FC, for inquiry into the allegations of commission of offence by the Petitioner/Kanwarjeet Singh Batth within the territory of UK.

3. It is stated that there is an Extradition Treaty between Government of Republic of India and Government of UK of Great Britain and Northern Ireland, which was notified in the Official Gazette vide Order No. GSR 790 (E) dated 13.12.1993.

4. Allegations against the Petitioner were that he, along with Victim Opinderpal Randhawa, were amongst the group of six males who were celebrating the impending marriage of one of the members of the group, at a Flat 85, Elliman Avenue Slough, Berkshire, England. During the celebrations, Victim Opinderpal made a video call to his family in India and showed his family the company of people he was with. FC Kanwarjeet Singh Batth at that time, had a bottle of whisky in front of him which was visible in the video. An argument took place between the Victim and FC;

other persons present in the flat intervened and separated the two.

5. As per the allegations, the Victim tried to hit the FC with a bottle, but he went to the kitchen and returned back with a knife and stabbed the Victim. This single stab injury proved to be fatal and the Victim died. The FC thereafter, fled from the scene, before the Police and the paramedics arrived.

6. The extradition request was received from UK, which was considered by Government of India. The British High Commission also submitted a provisional Arrest Warrant, along with a Note Verbale No. CN- 964/12 dated 06.12.2012, seeking extradition of Kanwarjeet Singh Batth, who was accused of murder.

7. The Petitioner was arrested by Amritsar Police on 11.10.2014, on the warrants issued by Berkshire Court and detained in India, under Section 41(1)(g) of the Code of Criminal Procedure, 1973. The allegations against him are of having committed a murder in UK and thereafter, having escaped to India. After arrest by Amritsar Police, the Petitioner was sent to judicial custody on 22.10.2014.

8. As per Section 34(b)(2) of the Extradition Act, 1962 any fugitive arrested under sub-section (1), is entitled to be discharged if no request for his Surrender or Return is received, within 60 days from the date of arrest. No document has been placed on record, to show that any request from UK Government has been received for surrender or return of the Petitioner to UK, after his detention in India. After lapse of more than 60 days from the date of arrest of Petitioner, the learned ACMM on 23.12.2014, discharged the Petitioner from custody, in terms of Section 34