Bishnoi indictment: The long road to extradition, Pg12

Key Highlights:

• The US Department of Justice (DoJ) has indicted gangster Lawrence Bishnoi and will seek his extradition from India.
• The indictment charges Bishnoi with various crimes, including the killing of Canada-based Khalistan separatist Hardeep Singh Nijjar.
• This action is part of 'Operation Hardball', a coordinated international effort by law enforcement from the US, Canada, and Europe.
• A total of 37 individuals, including Punjab Police SHO Gurinderjit Singh Nagra, were charged in the indictment, linked to three Indian crime syndicates.

Detailed Insights:

• Extradition between India and the US is governed by the bilateral Extradition Treaty (1997) and India's Extradition Act, 1962.
• The core principle for extradition is dual criminality, meaning the offence must be punishable by imprisonment of more than one year in both countries.
• The treaty excludes political offences from extradition, but specifically includes murder, hostage-taking, terrorism, and drug trafficking.
• Extradition cannot be refused solely because the person sought is an Indian citizen.
• The rule of speciality ensures an extradited person is tried only for the offences for which extradition was granted.
• Charges against Bishnoi, such as murder, criminal conspiracy, extortion, and drug trafficking, are punishable under both Indian and US laws, satisfying dual criminality.
• The extradition process involves the US DoJ transmitting a request to India's Ministry of External Affairs (MEA), which consults with the Ministry of Home Affairs (MHA) and agencies like the CBI.
• An Indian court examines the request against treaty requirements and evidence, and if satisfied, certifies the accused as extraditable.
• The final decision on surrender rests with the Union government, which can impose conditions or seek diplomatic assurances.
• India can delay or refuse extradition, particularly if the accused faces ongoing domestic trials, as per Article 14 of the treaty and Section 31 of the Extradition Act.
• Section 34 of the Extradition Act deems an extradition offence committed abroad to have been committed in India, allowing for domestic prosecution.
• Section 34A of the Extradition Act empowers the Centre to prosecute a fugitive in India if extradition is not granted.

Key Concepts Involved:

• Extradition Treaty: A formal agreement between two sovereign states for the reciprocal surrender of individuals accused or convicted of crimes.
• Dual Criminality: A fundamental principle in extradition law requiring that the alleged crime be recognized as an offense in both the requesting and requested countries.
• Rule of Speciality: An international legal principle stipulating that an extradited person can only be prosecuted for the specific crimes for which extradition was granted.
• Operation Hardball: A coordinated international law enforcement effort targeting transnational organized crime networks, leading to multiple arrests and indictments.