India-US Extradition Treaty: 11 Indians extradited between 2002 and 2018; Headley, Anderson among rejected requests

Of the 11 fugitives that the US extradited to India betwixt 2002 and 2018, 2 were facing charges of terrorism, 1 of intersexual maltreatment of children, 1 of effort to murder, portion the remainder were booked for fiscal fraud and cheating.

In the past, the US has besides rejected galore requests from India. The cardinal among them was the extradition of Rana’s subordinate and 26/11 attacks accused David Coleman Headley. The Lashkar-e-Taiba operative who conducted reconnaissance for the attacks successful Mumbai had been arrested by US authorities successful October 2009. He was tried and sentenced by a US tribunal for the sidesplitting of six Americans successful the Mumbai attacks aft helium pleaded blameworthy to the charges.

India’s petition to extradite Headley to India was rejected connected the crushed that it would pb to treble jeopardy (being punished for the aforesaid transgression twice).

The US had, similarly, rejected India’s petition to extradite 1984 Bhopal Gas calamity accused Warren Anderson, the past CEO of Union Carbide. Anderson had visited Bhopal aft the calamity and was arrested by police. However, helium was soon granted bail and allowed to permission the country. Almost 20 years later, successful May 2003, India sent an extradition petition against Anderson to the US, which declined it connected the crushed that India did not person capable evidence.

Earlier, the US had rejected India’s petition for the extradition of 1 Sinni Singh who was wanted for kidnapping. India made a ceremonial petition for extradition successful September 2000, the US rejected the aforesaid successful January 2002.

Under the India-US extradition treaty, the offence is extraditable if it is punishable by imprisonment for much than 1 twelvemonth nether the laws of some the countries. This applies whether oregon not the laws successful the 2 countries spot the offence wrong the aforesaid class of offences oregon picture the offence by the aforesaid terminology.

The treaty, however, bars extradition for a governmental offence. It gives a database of offences that would not beryllium construed arsenic governmental offences. These see execution oregon different willful transgression against a Head of State oregon Head of Government oregon a subordinate of their family; craft hijacking offences; aviation sabotage; crimes against internationally protected persons including diplomats; hostage taking; offences related to amerciable drugs; oregon immoderate different offences for which some countries person the work to extradite the idiosyncratic pursuant to a multilateral planetary agreement.

Article 6 of the pact bars extradition erstwhile the idiosyncratic sought has been convicted oregon acquitted successful the Requested State for the aforesaid offence, but it does not barroom extradition if the competent authorities successful the Requested State person declined to prosecute oregon person decided to discontinue transgression proceedings against the idiosyncratic sought.

Beyond agreements and treaties, extradition often depends upon the diplomatic heft of a country. How rapidly the Requested State moves connected an extradition petition and what lawsuit it presents to the tribunal during the extradition process tin often beryllium guided by the wellness of the bilateral relations betwixt the countries. In the lawsuit of India and the US, determination has been amended practice betwixt the 2 countries successful the past decennary and half.

While practice connected coercion and fiscal crimes began picking up pursuing the 9/11 attacks, the US was seen to beryllium much delicate to India’s concerns connected the beforehand of nationalist information pursuing the 26/11 attacks.