The Delhi High Court has refused to strike down Section 7(3) of the Extradition Act, 1962 holding that there can be no parity between Indian laws and laws of other nations,
It was the Petitioner's case that the Extradition Act applicable to the Indian Citizens where extradition was sought to the United States of America, was discriminatory vis-a-vis the law and procedure applicable to the US Nationals whose extradition was sought to India.
The Petitioner, Nikhil Kolbekar submitted that Section 7(3) of the Extradition Act, 1962 merely called for a "prima facie case" before a person is extradited from India while in the USA, the Office of International Affairs forwards the request to the US Attorney’s Office in the district where the fugitive is located, only if the material is “sufficient and appropriate”.
This, as per the petitioner, was discriminatory and violative of Articles 14 and 21 of the Constitution of India.
A Division Bench of Justices Manmohan and Sangita Dhingra Sehgal opined that every country was entitled to frame its own law and procedure as long as they are fair and reasonable.
Legislations and procedures which are fair and reasonable cannot be interfered with, it said.
The Court further remarked that no Indian citizen could ask for the application of the American Constitution to them or that the Attorney General’s office must decide the request for extradition instead of a Court of law in India.