Home Secy flags procedural lapses in extradition cases, Pg9

Key Highlights:

• Union Home Secretary Govind Mohan flagged procedural lapses in handling extradited individuals.
• Concerns raised over violation of the Rule of Specialty under the Extradition Act, 1962.
• Extradited individuals implicated in unrelated cases after arrival in India, violating extradition terms.
• Supreme Court has reaffirmed that extradited individuals can only be tried for offences in the extradition decree.
• After trial/sentence, individuals cannot be detained for new charges without consent from the extraditing country.

Detailed Insights:

• The Rule of Specialty is a principle of international extradition law, ensuring individuals are tried only for extradited offences.
• Section 21 of the Extradition Act embodies the Rule of Specialty, requiring consent from the surrendering state for prosecution in other matters.
• Deviations from the Rule of Specialty could undermine India's credibility in future extradition matters with foreign governments.
• The Home Secretary's communication to states and UTs emphasizes adherence to extradition laws and treaty obligations.
• Individuals must be given the opportunity to return to the surrendering state after trial/sentence if no consent is obtained for new charges.

Key Concepts Involved:

• Extradition: The legal process where one country transfers a person to another country for trial or punishment.
• Rule of Specialty: An extradited person can only be tried for the specific crimes for which extradition was granted.
• Extradition Act, 1962: Indian law governing the extradition of individuals to and from India.