UOI Vs. GAYA S. GAYATRINATH @ SUBRAMONIUM GAYATRINATH

JUDGEMENT

(1.) This writ petition has been filed by the Union of India, aggrieved by the order dated 12.01.2009, passed by the learned ACMM, New Delhi, whereby the application of the Union of India, requiring the respondent to make his stand clear as to whether he consented to the extradition or not was dismissed and the respondent was also discharged under Section 7(3) of the Extradition Act, 1962 (hereinafter referred to as "the said Act"). In this writ petition, there is also a challenge to the order dated 13.07.2006, whereby the learned ACMM had directed closure of the evidence on behalf of the petitioner.

(2.) The main point urged by Mr. Chandhiok, the learned Additional Solicitor General, appearing on behalf of the petitioner, is that the impugned order, which comprises of two parts, has been passed in ignorance of Section 10 of the said Act. He submitted that the learned ACMM, in the impugned order, observed that since no oral evidence had been led on the part of the petitioner, there did not exist any evidence on record, which could be legally read against the fugitive criminal (respondent) so as to lead to the conclusion that a prima facie case is made out in respect of the requisition made by the Government of United States of America for the purpose of being extradited.

(3.) Mr. Chandhiok drew our attention straightaway to copies of the documents which find place at pages 21 to 358 of the paper book, which include all the documents, pertaining to the request for arrest and extradition of the respondent. He also pointed out that the charges against the respondent in the Courts of the United States of America have also been set out very clearly. He drew our attention to pages 48 and 49 of the paper book, in particular, where the charges against the respondent are clearly spelt out. Count number one relates to the charge of committing conspiracy for bank fraud, mail fraud and wire fraud. Count number thirty is another charge of conspiracy to commit money laundering. The first count pertained to Title 18, United States Code, Sections 371, 1344, 1341 and 1343. The 30th Count was in respect of Title 18, United States Code, Section 1956(h).