In a case which mandates the action under existing law, a Delhi Court has allowed the extradition of a fugitive to stand trial in Scotland for sexual assault, rape and communicating indecently.
Additional Chief Judicial Magistrate Pranav Joshi was hearing the matter over the Centre’s December 2024 order appointing and requesting the court to inquire into the extradition request by determining whether a prima facie case was made out against the fugitive criminal (FC) Naijil Paul.
The order dated June 9, the court said, "Union of India is requested to extradite the FC Naijil Paul to the Government of the United Kingdom of Great Britain and Northern Ireland for standing trial of the indictment charges against the FC before the High Court of Judiciary at Glasgow, Scotland through diplomatic channel." Till formalities of extradition were complete, Paul would remain in Tihar prison, it added.
To avoid criminal prosecution in the UK, Paul fled to India but was arrested from Kochi in Kerala and brought to the national capital.
According to the Centre’s order, the United Kingdom government submitted a request for Paul’s extradition, who was "wanted to stand trial in connection with the offences allegedly committed in Scotland" for sexual assault, communicating indecently among other offences.
"Similar conduct under Indian laws amount to offence under Section 63 (rape), Section 74 (sexual assault), Section 75 (sexual harassment), Section 79 (word, gesture to act to outrage the modesty of a woman) of the Bhartiya Nyaya Sanhita which are punishable with more than one year imprisonment," it said.
The Extradition Act, 1962, governs the extradition of criminals in India. It allows for the surrender of fugitives to foreign countries based on treaties, conventions, or arrangements. In the absence of a treaty, the Central Government can still act based on conventions or arrangements, treating them as if they were treaties.
Extradition is primarily governed by treaties India has with other countries. These treaties outline the procedures and requirements for extradition. The Central Government (specifically the Ministry of External Affairs) is the nodal authority for extradition matters, handling both incoming and outgoing requests.
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