Sexual offences against children: Delhi HC upholds trial court’s order allowing German national’s extradition

“Accordingly, the petition is dismissed and the impugned order is upheld. The petitioner would therefore be extradited by the government of India to the Federal Republic of Germany in accordance with applicable procedure,” the HC directed.

The HC ruled that it is implicit that the documents sent by the German government, including his passport, fingerprints would be considered as “authenticated and endorsed as part of the dossier of documents which were received” and a separate endorsement may not be necessary.

A request to extradite Wehnelt was made by the German government through diplomatic channels. The ACMM after going through the Extradition Act and the treaty between the two countries found that since the offences in question constituted a criminal act under laws of both Germany and India, “the principle of dual criminality was duly satisfied and the offences in question were therefore extraditable offences”. The ACMM also concluded that the documents sent from Germany, including the arrest warrant and the information concerning the identity and nationality of Wehnelt were duly authenticated by the Union Ministry of External Affairs, Union of India.

“Based upon these two conclusions, the learned ACMM concluded the inquiry report and recommended to the Union of India the extradition of the petitioner,” the order records. Wehnelt had refuted the allegations made against him in his representation.

In September 2003 he was accused of approaching two children, taking their pictures while asking one of them to pull down their trousers and was to face trial in Germany. He was arrested in India in 2020.