The Centre opposed a plea by a man seeking trial for an alleged driving offence committed in Australia in 2008 that left one dead and another seriously injured.
The Centre filed a reply before Additional Chief Metropolitan Magistrate (ACMM) Sudesh Kumar to the plea filed by 24-year-old Puneet,who had cited a threat to his life in Australia as the reason behind his demand for a trial in India. The Centre said attempting to seek trial in India was an abuse of the process of law and an attempt to delay extradition proceedings.
In its reply,filed through advocates A K Vali and Naveen Kumar Matta,the Centre said,It is entirely the prerogative of the government to take appropriate decision on extraditing or refusing to extradite a fugitive.
It added that according to the provisions of Article 4(3)(b) of the Extradition Treaty between India and Australia,the court was not empowered to express any opinion on the (said) matter.
Puneet is accused of having rammed his speeding car into a footpath in Australia in 2008,seriously injuring two pedestrians,one of whom later succumbed to injuries. He was arrested in Punjab on November 29,after a court issued an arrest warrant against him in pursuance of an extradition request from Australia.
Matta said apart from allegations related to the accident,Puneet was accused of using fake documents to travel from Australia to India. The government counsel pointed out that the passport used by Puneet to travel to India has already been confiscated by Australian courts. The court fixed the matter for further arguments on January 9 and extended the judicial custody of Puneet till then.