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EXTRADITION RELATIONSHIP BETWEEN UK AND INDIA UNDER INTERNATIONAL LAW
Author: Sorna S G, pursuing B.A.,LL.B.(Hons.) from CMR University
In International law, the concept of extradition in two different states India and UK, the extradition process and procedures between them. This research paper covers how India and UK are dealing with extradition and the current extradition agreements between them in International level. This research paper covers the history of extradition from the UK to India in the previous years. The concept of extradition in India and UK, the treaties and agreements between India and UK. The legislation in India for extradition is Indian extradition Act, UK has extradition Act and policy for it. The extradition offences between the two states India and UK deal with the process and procedures of extradition, the purpose for extradition. In Indian extradition law there are certain provisions like procedure, order, issue, surrender, the power of magistrate and liability of fugitive criminals. The current extradition agreements between India and UK, certain grounds for refusal of extradition and reason to refuse extradition, certain exceptions for political and military. In extradition of fugitives, the judicial review of extradition, magistrate has power to enquire about the crime by fugitives. The role, influence and offence of extradition from India to UK, the surrender of criminals with the help of the country's judicial and other power.
Keywords - Extradition, fugitive criminals, treaties and agreements, extradition offences, International law.
The term extradition under International law is when a person commiting a crime in one state and resides in some other state. It is about the surrender of a criminal or criminals and returning of the person for the purpose of trial. It is an official process for the criminal to get surrendered. The criminal person would be punished by the laws under the legislation available in that state. The purpose of this extradition is to be aware of crime and to prevent the state from committing the same crime. The reason for this action is to punish criminals or fugitives who have escaped from their sanction and started to reside in some other states. The concert of extradition, procedures, principles are covered under Indian extradition law. The human rights plays an important role in the extradition about role, influences, impacts, issues, offences in India law. There are certain grounds and reasons for refusing the extradition. A few exceptions for political and military offences. There are some arrangements between UK and India in their treaties, principles of extradition are the cooperation and binding between two states. Extradition is necessary and it helps to prevent serious illegal crime.
CONCEPT OF EXTRADITION IN INDIA AND UK
Concept of extradition in India - The concept of extradition in India is about the removal of a person from one state, the another state is requesting that state. The criminal punishment is given to those accused by the state. The court is handling these extradition cases in India. Extraction which means the delivery of criminals and the surrender of fugitives by the states.
Concept of extradition in the UK - The concept of extradition in the UK is the formal process that takes place. It is the process of one state requesting the other state to return the accused. It is by multilateral conventions or bilateral extradition in relation with the other state.
PRINCIPLES OF EXTRADITION
Principles of seriousness of offence, dual criminality, specialty, political and military offences
The principles of extradition in India are principle of relative seriousness of an offence, principle of dual criminality, principle of specialty, exception for political and military offences. The principle of relative seriousness of an offence - the accused is not to be punished for any small crime he can be punished only when there is seriousness in that crime. The principle of dual criminality - the person is not to be punished because in one state the act was committed by him was not any criminal offence. The principle of specialty - the accused person cannot be punished for any other criminal activities which he does not commit. The accused can be only punished where there is any extradition by him. The exception for political and military offences - the extradition is not permissible for political and military offences or crimes. If any act is committed by political violence that does not amount to extradition.
PROCESS AND PROCEDURES FOR EXTRADITION
The process of extradition in India the extradition between is permissible only when the seriousness in crime. The procedures for Extradition are receipt of information and mode of settlements in extradition are,
Receipt of information - This is about the fugitive criminal who is wanted in foreign states. It is related to offences and fugitive criminals in the state.
Modes of settlement - Magisterial enquiry - The central government will order the enquiry held by the magistrate. The magistrate will inquire about the cases and the act which was committed by a fugitive criminal in another state. The functions of a magistrate are defined under quasi judicial functions. The magistrate will give the judgment and will announce the punishment for the crimes acted by criminals with referring to existing laws. The inquiry is not about territorial jurisdiction. Atlast Magistrate will issue the warrant of arrest for the fugitive criminals after the enquiry.
EXTRADITION TREATIES AND AGREEMENTS
Article 1 of the extradition treaty between India and UK. Article 1 is about the duty of India in extradition. The UK extradites the person who is being accused under an extradition offence. If they have committed any crime then they will be punished. In the UK and India there is mutual assistance in the criminal matters of extradition. In extradition the accused was punished under the laws of contracting states in both the state India and UK. The extradition is permissible only when there is imprisonment more than 1 year in the state. The offence should be serious in the nature for to be extradition and example are murder explosion, terrorism, etc. The requested state will surrender the fugitive criminals. And the requesting state removes the person from the state or State's territory and this process will take one month to complete.
CURRENT EXTRADITION AGREEMENTS BETWEEN INDIA AND UK
The UK and India entered into extradition in the year 1922. Extradition relationship between India and UK Nirav Modi case. The principle used in the Nirav case is the principle of beneficiary fraud. Nirav was arrested in the year 2019 in London and jailed in Wandsworth prison. Later Nirav filed an appeal in the High Court of UK against Indian extradition law. The UK High Court refused his appeal. The criminal proceeding was imposed on Nirav. India and UK Extradition treaty were bilateral extradition treaty of 1993.
GROUNDS FOR REFUSAL OF EXTRADITION
If any crime or criminal activities are caused because of political character and military offences then that will not amount to extradition. Extradition will exclude political characters and military offences.
India and UK Extradition Act
Fugitive economic offenders act 2018 - It is about the process of extradition law in India. Section 2(f) of this act, the fugitive economic offender is any individual who has committed any serious crime in the state. It was against the warrant for arrest by the state. The reason for why the accused escaped from one state is to avoid criminal prosecutions.
Prevention of money laundering Act 2002 - This is similar to civil courts. The Powers of this are defined under Fugitive Economic Offender Act.
Uk Extradition Act - the extradition act of 2003 is the Parliament of UK.
Nirav Modi case
Nirav modi was a diamond jeweller and he was the owner of Nirav Modi chain of diamond jewellery. Also he was the chairman of firestar international. The issue in this case was held in Punjab National Bank.. It is about Rs.10,000 crore issued by the bank. Before this matter comes to public attention, Nirav and his relatives escape to the UK in 2018. The members involved in this crime are Punjab National Bank employees, Nirav and his relatives. The Punjab National Bank employees where misused the SWIFT network were transmitting the message to Allahabad and Axis Bank on the fund requirement by them. After the transaction took place, there was no evidence that the transaction was held. And in that Bank, the transactions were not recognised in the bank's system. In 2018 in the FIR copy the CBI stated that a 14,000 crores amount transaction took place. They also found that 2.8 billion rupees worth of the frauds were held by Nirav and relatives.
CONCLUSION AND SUGGESTIONS
In India there were only 65 criminal fugitives extradited in the past year from 2002. The surrender and extradition process is long and takes lots of time to finish. And in few cases the extradition is incomplete and not able to complete the process of extradition by the state. In extradition the other states like the UK have to cooperate with India to make it successful in this extradition process. For the surrender of criminal fugitives, the corporation of the UK is very important. The crimes are increasing now a days in international and national level. The state has to make a proper legislation and to use that legislation in a good manner. This extradition law helps the accused person where he has committed crime in outside the state. In each state the state as laws and legislations for this extradition. The state has to maintain the law to protect the citizens and to give punishment to the accused. The punishment for this extradition is granted based on the laws of particular States.
The process of extradition is long in previous years; it has to be made soon if possible. Both the states should be aware of the accused. The punishment can be granted based on the seriousness of the crime. Each case has different circumstances and situations based on whether the state will grant the punishment. The role of the state is most important for to enact this extradition.
The Indian Extradition Law by R. C. Hingorani, Asia Publishing House, 1969 - Extradition.
Shardul Amarchand Mangaldas & Co and Aditya Malhotra, India's recent successes in extraditing fugitives from UK, MONDAQ, https://www.mondaq.com/india/human-rights/948934/india39s-recent-successes-in-extraditing-fugitives-from-the-united-kingdom
Extradition Laws in India and international relations by Ananya Chakraborty
Public International law by M. P. Tandon, sixteenth edition, 2005 published by Allahabad law agency
Ukkash F, Extradition Of Vijay Mallya, LEGAL SERVICE INDIA, https://www.legalserviceindia.com/legal/article-2578-extradition-of-vijay-mallya-a-legal-perspective.html
The Law of Extradition in UK and India by Alexander Phillips Muddiman, Published in 2013