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Hindustan Times
02-07-2025
- Hindustan Times
Fugitives can apply for pre-arrest bail under Extradition Act: Delhi high court
The Delhi high court has held that a fugitive can apply for pre-arrest bail under the Indian law governing extradition. The Delhi high court. Justice Sanjeev Narula underscored that even though the Indian Extradition Act, has been implemented by the legislature to give effect to India's international obligations in criminal justice cooperation, it does not prohibit the grant of pre-arrest bail. Reading such a prohibition into the statute would amount to judicially engrafting a limitation that the legislature did not choose to impose, the judge held. 'The Extradition Act contains no express bar excluding the applicability of the Cr.P.C. To read such a prohibition into the statute would amount to judicially engrafting a limitation that the Legislature, in its wisdom, has chosen not to impose. Further, an Indian citizen who apprehends arrest in India for an alleged offence committed abroad is not stripped of the protection guaranteed under Article 21 of the Constitution,' the judge observed in a ruling delivered on Tuesday. The court made this observation while dealing with a plea filed by Shankesh Mutha, facing extradition proceedings for alleged theft of ₹ 3.98 crore worth of diamonds in Thailand, against the trial court's order denying him anticipatory bail filed under Bharatiya Nagarik Suraksha Sanhita or BNSS (that has replaced CrPC) and Extradition Act. The extradition case against Mutha originated from a 2021 complaint by his employer, Flawless Co. Ltd., a Bangkok-based company, which accused him of stealing eight diamonds valued at approximately 15.16 million Thai baht (around ₹ 3.89 crore) and fleeing to India. The company alleged that Mutha confessed to the theft on May 21, 2021, but absconded two days later fearing arrest. Following this, the Southern Bangkok Criminal Court issued an arrest warrant, prompting Thai prosecutors to initiate extradition proceedings. In India, the matter was taken up by the Patiala House courts in New Delhi. On October 3, 2024, the Magistrate issued non-bailable warrants (NBWs) through the CBI and Interpol. In response, Mutha appeared before the Magistrate and sought cancellation of the NBWs and anticipatory bail. However, his application was dismissed on April 3, 2025. The Centre represented by standing counsel Amit Tiwari had said that the plea was not maintainable since the Extradition Act did not permit the grant of anticipatory bail to a fugitive criminal. Tiwari further submitted that Section 25 of the Extradition Act empowered the Magistrate to only deal with the bail petitions of fugitives who have been arrested or detained. In its 35-page ruling, the court held that the section 25, merely describes the stage at which the question of grant of bail arises and does not contain an express bar on the grant of anticipatory bail. 'Crucially, the provision does not contain any express bar on the grant of pre-arrest bail, nor does its language support an implied exclusion of Section 438 of Cr.P.C,' the court maintained. Ultimately, the court granted anticipatory bail to the man, noting that he had demonstrated bona fide intent to cooperate in the inquiry proceedings by duly appearing before the court on every date.
Indian Express
29-06-2025
- Indian Express
Telangana HC overturns conviction for driving without insurance and causing nuisance, acquits man citing ‘procedural lapse'
The High Court of Telangana acquitted an individual who was convicted by a trial court for driving a motorbike without insurance and causing public nuisance, citing the conviction's failure to follow proper legal procedure. Justice Juvvadi Sridevi on Friday overturned the lower court's order from January 9, 2019, where it sentenced the individual to undergo simple imprisonment for one day for the offence under Section 3(3) of the Town Nuisance Act and further sentenced him to undergo simple imprisonment for two days and imposed a fine of Rs 1,000 for the offence under Section 196 of the Motor Vehicles Act, based on what it recorded as an admission of guilt. The case dates back to December 26, 2018, in Sangareddy town, where the police alleged that the petitioner was found driving a vehicle on the wrong side of the road and without valid insurance. The petitioner had contended that he never pleaded guilty and that the trial court 'without posing any questions, upon its own recording, convicted and sentenced him.' The petitioner contended that 'the learned Magistrate failed to record the plea of guilty as nearly as possible in the words used by the accused, as required under Section 252 Cr.P.C (Code of Criminal Procedure).' 'It is mandatory for a Magistrate to record the plea of guilty as nearly as possible in the words used by the petitioner-accused… Violation of such mandatory requirement renders the conviction as 'illegal',' the high court stated in its order. 'This Court is of the firm opinion that the learned trial Court has failed to follow the procedure contemplated under Section 252 of the Code of Criminal Procedure and also failed to satisfy himself that the allegations in the charge sheet do constitute an offence or not, which amounts to gross illegality and irregularity,' the Telangana High Court noted pointing to a procedural lapse. While scrutinising the evidence presented in the chargesheet, the Court observed that apart from photographs of a parked vehicle, there was insufficient 'incriminating material' to prove that the petitioner-accused was actually 'driving' the vehicle on the wrong side of the road. The Court also found that the vehicle in question had a 'valid and effective insurance' policy in force during the alleged period of the offence. Setting aside the trial court's judgment and conviction, the high court acquitted the petitioner of both charges, and any fine amount paid is directed to be refunded. Rahul V Pisharody is an Assistant Editor with the Indian Express Online and has been reporting from Telangana on various issues since 2019. Besides a focused approach to big news developments, Rahul has a keen interest in stories about Hyderabad and its inhabitants and looks out for interesting features on the city's heritage, environment, history culture etc. His articles are straightforward and simple reads in sync with the context. Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of district correspondents, centres and internet desk for over three years. A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. Long motorcycle rides and travel photography are among his other interests. ... Read More
The Hindu
05-06-2025
- The Hindu
‘Extra-ordinary delay' in registering FIR in domestic abuse: SHRC recommends compensation to Chennai woman
The State Human Rights Commission (SHRC) has recommended the Tamil Nadu government to pay a compensation of ₹25,000 to a Chennai woman over the delay on the part of the police personnel in registering a FIR on her complaint alleging domestic abuse. SHRC member V. Kannadasan also recommended the government to recover the sum from N. Lakshmi, then Inspector of All Women Police Station in Egmore in Chennai. According to a complaint by R. Reka of Pudupet, her hgusband had subjected her to extreme physical, sexual, mental, economic and emotional violence. Though she lodged a complaint with Chennai Police Commissioner in August 2022 and appeared for enquiry in All Women Police Station in Egmore, no action was taken. She also filed a complaint with Deputy Commissioner, Triplicane under Section 154 (3) of Cr.P.C and then under Section 156(3) of Cr.P.C. in the Additional Mahila Court but in vain. The police tried to convince her for family counselling and the police also directed her to write what they say but she did not do so, she alleged. Eventually, a FIR was registered in December 2022 under Sections 323, 406, 498A, 506(i) of the IPC. The respondent Inspector denied the charges against her. However, considering the oral and documentary evidence and the arguments of both the parties, the Commission said there was 'extra-ordinary delay in registering the FIR and it was not explained by the respondent which shows the lethargic attitude of the 1st respondent.' The action on the part of the 1st respondent amounted to violation of human rights of the complainant and she had failed to prove her innocence that she had performed her duty in accordance with law, the Commission said.
