Context: The United States Supreme Court has rejected the plea of the 2008 Mumbai Terror Attack accused Tahawwur Hussain Rana against his extradition to India.
Relevance of the Topic:Prelims: Extradition; India-US Extradition Treaty.
Background:
- Rana had filed an “Emergency Application For Stay” after the US President approved his extradition following his meeting with the Indian Prime Minister.
- Rana was arrested in Chicago, US in October 2009 for his involvement in the 26/11 attacks.
- Rana will be extradited on the basis of the India-US Extradition Treaty signed by the two countries in 1997.
What is Extradition?
- Extradition is the official transfer of a person from one country to another, so that the formal authority over the person shifts to the country where the person is transferred.
- The person who is transferred is either someone who is accused of a crime or a convicted criminal in the country to which he is being delivered.
- The crime for which the person is being transferred should also be a crime under the law of the country which is transferring the person.
- The Extradition Act, 1962 regulates the law relating to India’s extradition of fugitive criminals.
- India has entered into extradition treaties with certain countries like the UK, US, Bangladesh, etc.
India-US Extradition Treaty:
- India-US Extradition Treaty signed by the two countries in 1997. The treaty established a legal framework for the extradition of individuals charged with or convicted of serious offences in either country.
- Extraditable Offences:
- Crimes carrying a minimum punishment of one year imprisonment, including financial crimes.
- Offences must fulfill the principle of dual criminality (punishable in both countries).
- Extradition shall be granted regardless of where the act constituting the offence was committed.
- Exceptions:
- Political offences are not extraditable under the treaty. However, certain actions like wilful crime against the head of government, aircraft hijacking offences, crimes against internationally protected persons, hostage-taking remain outside the ambit of political crimes.
- Extradition is barred when the person sought has been convicted or acquitted in the Requested State for the same offence.
Extraditions from the US:
- According to data provided by the Ministry of External Affairs to Parliament, the treaty facilitated the extradition of 11 Indian fugitives between 2002 and 2018.
Also Read: Sheikh Hasina Extradition: India’s Options