CHARLES GURMUKH SOBHRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) In pursuance of the requisition from the State of Thailand for extradition of Mr. Charles Gurmukh Sobhraj for facing trial and punishment in Thailand for the alleged offences of 'murder, attempt to murder, theft, receiving stolen property, forgery and using forged documents in Thailand, the Government of India issued an order dated 10111-1-1985 requesting Mr. Subhash Wason, Chief Metropolitan Magistrate, Delhi, to hold an enquiry into the alleged offences and to submit a report under section 7 of the Extradition Act, 1962. The fugitive offender was brought before him and after holding an enquiry as envisage under section 7 of the aforesaid Act a report dated 28-9-1985 was submitted to the Government of India holding that there was a prima-facie case against the fugitive offender. In all there were five cases but Shri D. Goverdhan, counsel representing the Government of Thailand, made a statement that he does not want to press the extradition on the basis of all the cases and he sought extradition mainly in two cases which are known as "LAPTHORNES" case and "WANG NOI" case.

(2.) In the WANG NOI CASE the allegations against the fugitive offender are that on December 11, 1975, Mr. H. Bintanja and Miss Cocky Henken came to Thailand by air and both of them filled up disembarcation cards, that they would stay at Asia Hotel but they did not stay there. Instead, they stayed with Mr. Alian Gauthier, one Miss Marie Androe Larc and Mr. Ajay Chaudhary at Kanit appartment housed at Salabeeng Road, Bangkok in room No. 503. Both of them thereafter were not seen coming out of their appartment tor five days and were lying sick in room No. 503. It is further alleged that during this period Mr. Alian Gauthier prevnted other persons from seeing or visiting Mr. H. Bintanja and Miss Cocky Henken so much so that even the cleaning of the room was prevented. During the night of December 15116 of 1975 at about 00.02 hours Mr. Alian Gauthier and Mr. Ajay Chaudhary took Mr. H. Bintanja and Miss Cocky Henken out of the Kenit appartment by a motor car 'and by putting them on the back seat in a manner as if they were sleeping. On the following day i.e. 16th December, 1975 at about 00.09 hours Mr. Alian Gauthier and Mr. Ajay Chaludhary returned back, both of them had their legs spashed with mud from their shoes upto their knees and had with them a rubber hose with smell of oil. The daily newspaper on that day published the news of foreigners having been killed by soaking with oil and burning them. This incident took place by the side of Paholyothin Road, Wangnoi. The case came to be investigated and it was revealed that Mr. Alian Gauthier and his accomplice murdered the two victims and fled from Thailand. The search made .by the Thailand police at the room of Mr. Alian Gauthier at Kanit Appartment resulted in the discovery of belongings of both the victims. This was two days after the murder. Mr. Alian Gauthier and Miss Monique forged their Victims' passport by taking out the photos of deceased and by replacing these with their own photographs and thereafter presenting the same to the immigration Officials at Donmuang Airport and made their trip to Kathmandu, Nepal.

(3.) In this case English translation of the depositions of police Capt. Chitti Pannopas.Mrs. Nadine Giress, a French national, Mr. Giree Remy Andre Raymond, again a French national and husband of the preceding witness, Mr. Paitoon Swasdee, who at the relevant time was working at the Kanit appartment, Mrs. Boonnuang Yukuntom, a room cleaner at Kaint appartment, Mr. Sanong Wattananakorn, Mr. Sambat Pohjaksu, Mr. Jon Yusabai, Mr. Patanasek Kritramruang, Miss Pinant Krajangsri, Miss Vimol Sae Tae, Miss Sompong Chaipong, Mr. Eric Damour, again a French national, Mr. Tate Bruno, another French national, were placed before the learned Magistrate who acting under sub-section (1) of Section 10 of Extradition Act received these depositions in evidence and after a careful perusal of the same came to the conclusion that prima-facie case is made out against the fugitive offender, Mr. Charles Gurmukh Sobhraj.