KHEM SINGH GILL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition for issuance of a writ in the nature of prohibition directing respondents No. 2 and 3 not to seek police remand of the sons of the petitioners who have been extradited to India in pursuance of the judgment of a Court in the United States of America (for short, USA). The Facts : Ranjit Singh son of Khem Singh Gill (petitioner No. 1), who was accused of committing various crimes including the murder of a Member of Parliament, his wife and another person could not be brought a trial despite the warrant of arrest issued by the Chief Metropolitan Magistrate, Delhi in April, 1987 because he fled to USA. Similarly, Sukhwinder Singh Sandhu son of Jagjit Singh Sandhu (petitioner No. 2), who was wanted to connection with various offences committed at Ahmedabad, Bombay and Rajasthan could not be tried because he too had escaped to USA. The Government of India sought their extradition on the ground that they had committed various offences in India, but after hearing the parties, the concerned Court passed order dated 23.5.1997 for their extradition to India for two specific offences. Ranjit Singh was ordered to be extradited for committing the murder of Member of Parliament, his wife and another person and Sukhwinder Singh Sandhu was extradited on the charge of his participation in shooting at Udaipur (Rajsthan).

(2.) THE grievance of the petitioner is that in spite of the bar contained in Section 21 of the Indian Extradition Act, 1962 (for short, the Act) and Article 7 of the Extradition Treaty entered into between the Government of India and the United States, the police authorities of the State of Punjab are trying to secure remand of their sons in respect of offences which do not form part of the order of extradition. They have averred that Ranjit Singh is in custody of Delhi Police and Sukhwinder Singh is in the custody of Udaipur police, but the Punjab police is making serious efforts to secure their detention in relation to other offences and have prayed that respondents No. 2 adn 3 be restrained from seeking the remand of their sons in respect of the offences which do not form part of the order of extradition.

(3.) IN their written statement, respondents No. 2 and 3 have justified the action of Ludhiana police to seek remand of Ranjit Singh and Sukhwinder Singh in relation to the offence other than for which they have been extradited by making the following averments :