DAYA SINGH LAHORIA Vs. UNION OF INDIA

JUDGEMENT

(1.) 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 S. 21 of the Extradition 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 S. 18 of the Act before the very Designated Court and an application for issuance of a writ of Habeas Corpus would not lie. The question for consideration in the said special leave petition, 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 S. 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 S. 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 S. 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 S. 2(e) includes any State outside India and includes every constituent party, colony or dependency of such State. Section 21 of the Extradition Act is relevant for our purpose. Section 21, as it stood in the Extradition Act of 1962 is extracted hereinbelow in extenso :