| Extradition request for an
accused/ fugitive can be initiated after chargesheet has been filed before
an appropriate Court and said court having taken cognizance of the case
has issued orders/directions justifying accused/fugitive's committal for
trial on the basis of evidence made available in the charge sheet and has
sought presence of the accused/fugitive to face trial in the case.
All extradition requests should be
supported by documents and information enumerated below.
Note: If an extradition treaty exists between India and
the requested country, the extradition request and documents connected
therewith should be prepared on the basis of provisions of Extradition
Treaty.
1. It should be in spiral bound and contain
an index with page numbers.
2. The request should be supported by a self-contained affidavit
executed by the Court by whom the fugitive is wanted or by a Senior
Officer in charge of the case (not below the rank of Superintendent of
Police of the concerned investigating agency) sworn before a judicial
Magistrate (of the court by which the fugitive is wanted for prosecution).
The affidavit should contain brief facts and history of the case,
referring at the appropriate places the statements of witnesses and other
documentary evidences. Criminal's description establishing his identity;
provision of the law invoked etc. so that a prima facie case is made out
against the fugitive criminal.
3. Paragraph 1 of the affidavit should indicate the basis/capacity in which the affidavit
is executed.
4. The affidavit should indicate that the offences for which the accused is charged
in India.
5. The affidavit should also indicate that the law in question was
in force at the time of Commission of offences and it is still in force, including the penalty provisions.
6. The evidence made available should be
admissible under Indian laws. Accordingly, the affidavit should indicate
whether the statements of witness are admissible as evidence in India in a
criminal trial/prosecution. Statements of witnesses should be sworn before
the Court.
7. The affidavit should also indicate that
if the accused were extradited to India, he would be tried in India only
for those offences for which his/her extradition is sought.
8. Copy of First Information Report (FIR),
duly countersigned by the competent judicial authority, should be enclosed
with the request.
9. Comeptent authority should countersign
copy of charge sheet, which is enclosed with the documents.
10. A letter/order from the concerned court
justifying accused person's committal for trial on the basis of evidence
made available in the Charge sheet, with a direction seeking accused
person's presence in court to stand trial in said court from the country
of present stay.
11. Warrant of arrest should be in original
and open dated indicating clearly only those offences for which the
accused is charged and Court has taken cognizance with relevant sections
thereof.
12. Nationality, identity and address of
the accused including his photograph should be made available with the
request.
13. Copy of the relevant provisions under which the accused is charged along with the provisions
of the relevant laws indicating that the maximum sentence prescribed for the offence for which the accused is charged or convicted.
14. The extradition request is to be made
in quadruplet (four copies). All original and copies should be attested
/authenticated by the concerned court.
15. All the documents should be very clear,
legible and in presentable form as they are to be presented to the
soverign Governments of Foreign Countries.
16. Original documents in national
languages should be sent along with certified English translation of each
such document from authorized translators.
17. Extradition requests/documents to the
country where English is not first language should be submitted along with
duly translated copy in host country's local language. The Court issuing
warrant should certify such translated copy.
After completion of necessary formalities, the request for extradition
should contain a letter/note from a Senior Official (not below the rank of
Joint Secretary) or the concerned State Government indicating the
correctness of the case/material with a request to the Central Executive
to forward it to the Government of the concerned foreign country.
N.B.: If the concerned court is
requesting for extradition of a person, the request in the form of an
affidavit should be in first person, i.e. by the Hon'ble Magistrate/ Judge
himself/herself. (Such requests are usually received from Court Masters
or other court officials writing in third person on behalf of the Court.
Requested States object to it)
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