Extradition: MEA seeks controversial change

First faced criticism,from its own lawyer too,over its handling of the Abu Salem extradition. Now,in a move that is bound to attract controversy.....

First faced criticism,from its own lawyer too,over its handling of the Abu Salem extradition. Now,in a move that is bound to attract controversy,the Union Ministry of External Affairs MEA wants the law to be amended to ensure hassle-free extradition of wanted criminals from countries which have abolished death penalty.

If changed,the law would give a free hand to the Union Government or its agencies to give guarantees that the fugitive whose extradition it seeks wouldnt be hanged even if his crime is punishable with death penalty.

Days before his appointment as Indias High Commissioner to Pakistan,Sharat Sabharwal,then posted as Special Secretary ASD amp; CPV,wrote a secret letter to Union Home Secretary Madhukar Gupta,seeking amendment to Chapter VII-A of the Criminal Procedure Code CrPC.

The reason behind the communication,sources in the MEA say,is that this chapter,which deals with mutual legal assistance,doesnt allow any undertaking to be given to any foreign government or court that the fugitive whose extradition is being sought wouldnt be given death penalty even though his crime attracts the same.

While seeking the extradition of underworld don Abu Salem from Lisbon Portugal,the Union Government had drawn flak from various quarters for having given an undertaking to a Lisbon court that,if extradited,Salem wouldnt face death penalty.

The governments lawyer in the case,senior advocate Vikas Singh,who was an Additional Solicitor General ASG,had questioned the governments decision to ask the Central Bureau of Investigation CBI,which was investigating Salems cases,to seek Salems extradition and not deportation.

He had pointed out that the undertaking that the fugitive wouldnt be given death penalty doesnt have to be given if the matter pertains to deportation.

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In his letter dated,March 9,2009,Sabharwal has pointed out that an amendment was made to the Extradition Act in 1993,which provides that in case a fugitives extradition is sought from a country which has abolished death penalty,he would be liable for punishment of imprisonment for life,even if the crime for which he is wanted attracts the death penalty.

Legal experts say the MEAs demand for amending the law could lead to legal complications and,if implemented,could be misused by criminals.

How can they do something like this? I can understand the government giving such an undertaking in case the accused is a foreign national. But,when it comes to Indian citizens,the government should seek deportation rather than extradition, says Vikas Singh.

Another lawyer observes,While many countries have abolished death penalty,there are many which have not done so and India is one of them. If we amend the law as sought by the MEA,then all criminals who have the resources and are aware of the lacunae in law will simply go to countries which have abolished the death penalty. And,when their extradition is sought,they will cite the law and secure an undertaking that they will not be hanged even if they are terrorists or serial killers.

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Another lawyer pointed out that the Supreme Court has time and again said that death sentence should be awarded only in the rarest of rare cases.

It is not as if every second accused is being hanged. The government would be sending a wrong signal if it tries to amend the law, said the lawyer. However,it remains to be seen what action the MHA takes on the subject.