Will seek extradition of Lawrence Bishnoi: US Justice Department confirms

Besides Bishnoi and his aide Goldy Brar, the other gang leaders who have been named in the US indictment are Jaggu Bhagwanpuria, who is lodged in an Assam jail, and Canada-based Ravinder Singh Dhanda.

Bishnoi and Brar have been charged with ordering Nijjar’s assassination. The FBI has announced a $50,000 reward for information leading to Brar’s arrest.

Extradition between India and the US is governed by the bilateral Extradition Treaty signed in 1997 and India’s Extradition Act, 1962. However, the most significant legal consideration in Bishnoi’s case is that he is already in judicial custody and faces numerous criminal prosecutions across India.

This means India could legally argue that Bishnoi must first face trial — and, if convicted, serve any sentence — in the murder, extortion and organised crime cases pending against him before any extradition takes place.

There is no clarity on when the US DoJ will send the request for Bishnoi’s extradition. As per the procedure, the extradition request would be prepared by the US DoJ and transmitted by the US State Department to India’s Ministry of External Affairs (MEA). The MEA, in consultation with the Ministry of Home Affairs and agencies such as the CBI, would examine whether the request conforms to the treaty and the Extradition Act.

McEvoy said the trial date for Dhanda gang members has been set for August 31 at the Los Angeles court, and for Bhagwanpuria gang members a day later, at the same court. “The odds are better than excellent that those dates will get continued,” the official said, indicating that the cases are likely to be rescheduled.

On the Bishnoi gang, McEvoy said they have not been arraigned “in our jurisdiction”. “Once they are transferred here, they will be,” the DoJ official said.