Why Delhi High Court quashed extradition of Punjab man wanted for 2010 UK murder

Justice Neena Bansal Krishna allowed the plea filed by the accused.

‘No direct evidence’

• The critical link that the petitioner actually stabbed the victim with the knife still remains a matter of inference and conjecture, with no direct evidence.
• In the absence of any witness who actually saw the petitioner stab the victim, the prosecution‟s case rests entirely on circumstantial evidence and the proximity of events.
• From the testimony of the three eye-witnesses on which the prosecution’s case rests, it cannot be said that any one of them supported the prosecution’s case in regard to the actual stabbing.
• Even if their testimony in toto is accepted, it is not sufficient even prima facie to establish a case of murder against the petitioner.
• At the prima facie stage in extradition proceedings, while the standard of proof is lower than that required for conviction, there must still exist credible material which, if believed, would establish the commission of the offence.
• The question is whether the materials on record, taken at their highest, establish that the petitioner stabbed the victim with the intent of murder.
• In the present case, not even one single witness actually saw the Petitioner stab the Victim.
• None of the witnesses saw the act of stabbing itself, which is most germane to the charge of murder.
• No DNA evidence is established nor fingerprint evidence on the alleged weapon of offence, has been produced linking the petitioner to the weapon.
• The forensic pathologist describes the type of weapon, but does not connect it to the petitioner.

Background

• The case arose from an incident in December 2010 at a flat in Slough, Berkshire, where the accused and the victim were part of a group celebrating a friend’s upcoming wedding.
• According to the prosecution, the victim made a video call to his family in India and showed his family the company of people he was with.
• The accused had a bottle of whisky in front of him which was visible in the video.
• An argument took place between the two following which it was alleged that the accused stabbed the victim in the abdomen with a knife, causing a fatal injury, and fled the scene before police arrived.
• An extradition request was received from the UK, which was considered by the Indian Government.
• Subsequently, he was arrested by Amritsar Police in 2014, on the warrants issued by Berkshire Court and detained in India.
• During the extradition proceedings before the Additional Chief Metropolitan Magistrate, it was concluded that prima facie offence of murder was made out.
• The court, therefore, recommended to the Union of India that the fugitive criminal be extradited to the United Kingdom to stand trial for the offence of murder.
• The UK subsequently sought his extradition under the India–UK Extradition Treaty, and a Delhi magistrate in 2019 concluded that a prima facie case of murder was made out, recommending his extradition.