Extradition

Recently, the Union Home Secretary informed the Supreme Court that the Union government is bound by the commitment given to Portugal in 2002.

Background –

In December 2002, the then Deputy Prime Minister L K Advani had given a commitment to the then Portuguese government that the maximum sentence handed out to gangster Abu Salem would not exceed 25 years.

What is Extradition?

Extradition is the legal process by which a person is transferred from one country to another without the person’s consent. Here, a governmental authority formally and legally turns over an alleged criminal to another government for the person to face prosecution for a crime. It is a judicial process, unlike deportation.

About the Extradition Act of 1962 –

• The Extradition Act, 1962 provides India’s legislative basis for extradition.
• Under the Act, Extradition treaty means a treaty made by India with a foreign State relating to the extradition of fugitive criminals.
• A fugitive criminal means a person who is accused or convicted of an extradition offence within the jurisdiction of a foreign State and includes a person who, while in India, conspires or attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State;
• Currently, India has extradition treaties with 47 countries, including the US, the UK, Germany, France, and Portugal.
• Requests for surrender of fugitives can also be made to non-treaty states. These requests will be considered in accordance with laws and procedures of the foreign state, and with the assurance of reciprocity from India.