DARSHAN SINGH NAMDHARI Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner to set aside the Extradition Inquiry Report dtd. 24/8/2022 and the order/letter dtd. 16/9/2022 of the respondent (Union of India).

(2.) The background facts of the matter are that an extradition request was received from the Government of Federal Republic of Germany through diplomatic channels for the extradition of the petitioner, who is a German national. Petitioner was an accused in Germany as per a complaint filed before the District Court Muhldorf a. Inn. The allegations related to September 2003, when, as per the case of the prosecution, the petitioner had approached two children of four years and six years old while they were playing and took several pictures of them including asking one of them to pull down their trousers and underpants. Subsequently, after an investigation, his locker in the faculty of Biology and Preclinical Medicine at the University of Regensburg, was found to have numerous CDs and DVDs where images of both male and female children were stored performing sexual acts with adult persons. Accordingly, the petitioner was alleged to have committed the following offenses under the German Criminal Code: Sec. 176, (sexual abuse of children); Sec. 184 (b) (dissemination/procurement and possession of child pornography; Sec. 223 (bodily harm); Sec. 230 (request to prosecute); Sec. 234 (kidnapping); Sec. 52 (several offences committed by one act); Sec. 53 (joinder of offences).

(3.) The Republic of Germany as the Requesting State sent a formal request for extradition of the petitioner vide Note Verbale No. 358 / 2020, dtd. 27/7/2020 along with supporting documents to the Government of India, (the Requested State). Consequently, the Ministry of External Affairs, Government of India made a request on 17/3/2022 under Sec. 12 of the Extradition Act to conduct an inquiry proceeding qua the petitioner. It had also transpired in the meantime that the petitioner had been arrested in 2020 in the state of Karnataka in India for violation of the Foreigners Act 1946, Sec. 14 (c) and was facing trial in SC No. 5023 of 2021, PS. Hebbagodi, Karnataka before the learned, ASJ, Anekal, Bengaluru, Courts. The learned ACMM before whom the inquiry proceedings were initiated issued production warrants on 22/3/2022, pursuant to which the petitioner was produced on 1/4/2022 and has since been in custody in Tihar Jail, Delhi.