Delhi High Court Upholds Magisterial Inquiry Into Canada Govt's Extradition Request For Man In Hit And Run Case

The Delhi High Court has dismissed a petition filed by an Indian national challenging the Union government's decision to initiate a magisterial inquiry into Canada Government's request seeking his extradition for an alleged hit-and-run case that caused a pedestrian's death.Justice Sanjeev Narula said that no infirmity was shown by Pawan Malik in the satisfaction recorded by the Union Ministry of External Affairs under Section 5 of the Extradition Act. The Court observed what matters is the conduct attributed to Malik, being that he was operating a vehicle involved in an accident in which a pedestrian died and with knowledge or recklessness to the said fact, failed without reasonable excuse to stop, identify himself or render assistance.“That conduct constitutes the offence of “Failure to Stop After Accident Resulting in Death” under Section 320.16(3) of the Canadian Criminal Code. If alleged in India, the same conduct, at the very least, attracts prosecution for causing death by a rash or negligent act under Section 304A IPC, which is punishable with imprisonment exceeding one year. The condition of dual criminality under Article 3 of the Treaty is, accordingly, satisfied,” the Court said. Malik challenged the Union Government's order passed on April 19, 2023, directing a magisterial inquiry against him. He also sought setting aside of all proceedings arising from the proceedings, including the case pending before the ACMM Court. Malik was wanted by the Government of Canada to stand trial for offences arising from a motor vehicle incident that allegedly caused the death of a pedestrian, Kavita Choudhary. He stood charged with “failure to stop after an accident resulting in death” under Section 320.16(3) of the Criminal Code, R.S.C. 1985.Dismissing the petition, the Court observed that when an extradition request is received, the Government of India must first satisfy itself that the conditions in Article 3 of the Treaty are fulfilled. “For this purpose, the Ministry considers the law of the requesting State and the supporting material furnished with the request under Article 9, including the statement of facts and the text of the relevant provisions. The Ministry has to be satisfied that the conduct alleged constitutes an offence in the requesting State and that the prescribed penalty crosses the one-year threshold; and further, that the same conduct would amount to an offence in India punishable by more than one year,” the Court said. It added that once such satisfaction is recorded, it is open to the Ministry to direct a magisterial inquiry under Section 5 of the Extradition Act.“No infirmity is shown in the satisfaction recorded by the Ministry of External Affairs under Section 5. For these reasons, the Court finds no merit in the petition. Dismissed along with the pending application. The interim order dated 25th September, 2023, passed by this Court, stands vacated,” the Court said. Title: PAWAN MALIK v. UNION OF INDIACitation: 2025 LiveLaw (Del) 1536Click here to read order

Delhi High Court Upholds Magisterial Inquiry Into Canada Govt's Extradition Request For Man In Hit And Run Case

Nupur Thapliyal

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