No parity between Indian laws and foreign laws: Delhi HC upholds Section 7(3) of Extradition Act

Holding that there can be no parity between Indian laws and laws of other nations, the Delhi High Court has refused to strike down Section 7(3) of the Extradition Act, 1962..It was the Petitioner’s case that the Extradition Act applicable to the Indian Citizens where extradition was sought to the United States of America, was discriminatory vis-a-vis the law and procedure applicable to the US Nationals whose extradition was sought to India..The Petitioner, Nikhil Kolbekar submitted that Section 7(3) of the Extradition Act, 1962 merely called for a “prima facie case” before a person is extradited from India while in the USA, the Office of International Affairs forwards the request to the US Attorney’s Office in the district where the fugitive is located, only if the material is “sufficient and appropriate”..This, as per the petitioner, was discriminatory and violative of Articles 14 and 21 of the Constitution of India..“In essence, what the petitioner seeks is the same rights, protections and privileges as are available to an American citizen i.e. parity between Indian and American laws.”, the Court recorded..A Division Bench of Justices Manmohan and Sangita Dhingra Sehgal opined that every country was entitled to frame its own law and procedure as long as they are fair and reasonable..Legislations and procedures which are fair and reasonable cannot be interfered with, it said..The Court further remarked that no Indian citizen could ask for the application of the American Constitution to them or that the Attorney General’s office must decide the request for extradition instead of a Court of law in India..“If the plea of the petitioner is accepted then UOI may well argue that the procedure that is followed in a neighbouring dictatorial country should be followed in India while extraditing a person to that dictatorial country!”.Upholding Section 7(3), the Court said that the ‘prima facie’ test for extradition under Act was legal and fair as a full-fledged trial would only take place in the country to which a person is extradited..Consequently, the prayer for striking down Section 7(3) of the Extradition Act, 1962 was rejected..The petitioner was represented by Advocates Arvind Singh and Sandeep Sharma..The respondents were represented by Advocates Rajeev Sharma and Saket Chandra..[Read Judgement]