PRAGNESH DESAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this writ petition, under Articles 226 and 227 of the Constitution, is to the legality and validity of order dated 23 October 2003, passed by the Government of India, against the petitioner under Section 5 of the Indian Extradition Act, 1962 (for short 'the Act') and to his continued judicial custody.

(2.) The factual background, on which the foundation of this judicial action is laid, is as follows: The petitioner, though of Indian origin being born in India, is a naturalized citizen of the United States of America and is a permanent resident of that country. On or about 7 February 2003 the petitioner and his fiancee, namely, Leona Swiderski, flew to India. Upon arrival at Bombay, they got separated at the airport. The petitioner claims to have lodged a missing report at the police station on the same day. On or about 8 February 2003, the police found the body of Leona Swiderski lying by the side of the road at Ahmedabad national highway No.8, near Varsova village. Autopsy conducted by the local authorities revealed that her death was caused by asphyxia due to strangulation. The petitioner was arrested on 11 February 2003 and was charged with the murder of Leona Swiderski. However, he was acquitted by the Sessions Court, Thane, on 26 September 2003.

(3.) While the petitioner was in judicial custody pending trial before the Sessions Court, Thane, on or about 5 May 2003, the United States District Court for the District of New Jersey registered a complaint (No.03-8042) against the petitioner charging him with one count of wire fraud (engaging in a scheme to obtain money and property by false and fraudulent pretenses, representations and promises, by transmitting and causing to be transmitted in interstate and foreign commerce by means of wire communication, certain writings, signs and signals and pictures for the purposes of executing such scheme) for the purpose of obtaining a $ 1 Million life insurance policy on the life of Leona Swiderski, in violation of Title 18, United States Code, Sections 1343 and 2. The Magistrate Judge also issued a warrant for the arrest of the petitioner based on the charges contained in the complaint.