W.P.(CRL) 394/2022

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on:

11^th March 2022

Pronounced on: 11^th May 2022

+

W.P.(CRL) 394/2022 & CRL.M.A. 3365/2022 & CRL.M.A.

3366/2022 & CRL.M.A. 3368/2022

JOSE INACIO COTA

..... Petitioner

Through:

Mr. Arpit Batra and Ms. Abhilasha,

Advocates

versus

UNION OF INDIA & ORS.

..... Respondent

Through:

Ms. Rekha Pandey, SPP for UOI

Ms. Nidhi Raman, CGSC for R-2

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

1.

The petitioner has approached this Court by way of the instant writ

petition under Article 226 of the Constitution of India read with Section

482 of the Code of Criminal Procedure, 1973 (hereinafter „Code‟) praying

for mandamus to the respondents to make full disclosure of the evidence

collected during investigation of the crime of rape registered against the

petitioner in London.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001824

W.P.(CRL) 394/2022

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Factual Matrix

2.

The facts of the case, as mentioned in the petition, are that the

petitioner is a Portuguese national and a person of Indian Origin, who was

born in Goa. He is accused of committing rape of a lady at a pub in

London, United Kingdom on 28th May 2017. The Petitioner came back to

India on 5th June 2017. The petitioner was subsequently charged with the

offence of rape under Section 1(1) of the Sexual Offences Act, 2003 of

UK. Arrest Warrant was issued against the petitioner on 11th June 2019.

3.

On 18th September 2020, upon receipt of the request for extradition,

and having been satisfied as to the extraditability of the offence, the

Government of India, on 22nd March 2021, ordered magisterial inquiry

under Section 5 of the Extradition Act of 1962 before the Court of

ACMM-01, Patiala House Courts, New Delhi to inquire into the

extradition request as to the extraditability of the offence in terms of the

Extradition Act, 1962 and the Extradition Treaty between the Government

of the Republic of India and the Government of the United kingdom of

Great Britain and Northern Ireland.

4.

On 26th March 2021, Extradition proceedings were initiated in a

Complaint Case bearing no. 690 of 2021 against the petitioner in the Court

of Learned ACMM, wherein, later on, an NBW was issued against the

Petitioner on 3rd June 2021. On 9th October 2021, the petitioner engaged a

Counsel and made representations to the Governments of India, the UK

and Portugal.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001824

W.P.(CRL) 394/2022

Page 3 of 25

5.

In the meanwhile, the Petitioner had also approached the Hon‟ble

Supreme Court under Article 32 vide Writ Petition No. 474 of 2021, on

which an order passed on 3^rd December, 2021, dismissing the petition as

withdrawn with liberty to avail appropriate remedies. On 30th December

2021, the petitioner also made an application before the European Court of

Human Rights seeking evidence and documents gathered against the

petitioner by the police in the UK.

6.

Thus, the petitioner, being aggrieved by the initiation of Extradition

Proceedings against him in the Court of the Ld. ACMM, Patiala House

Courts, has approached this Court for directions to the respondents to make

full disclosure of the evidence collected during investigation of the crime

of rape registered against the petitioner in London.

Submissions

7.

Learned Counsel appearing on behalf of the Petitioner submitted that

in the present case evidence produced or information supplied is not

sufficient in order to enable a decision to be taken as to the extradition

request and therefore prays that this Court be pleased to issue writ to

respondents to make full disclosure of evidence collected during

investigation in London, U.K.

8.

It is submitted that the Petitioner has not been provided with medical

evidence, forensic evidence, CCTV f