Delhi High Court Quashes Extradition Of Man Wanted In UK Murder Case, Says No Prima Facie Evidence Of Stabbing

The Delhi High Court has quashed an order recommending extradition of a Punjab-based man to the United Kingdom in a murder case, holding that the “critical link” that he stabbed the deceased with knife remained a matter of “inference and conjecture”, with no direct evidence.Justice Neena Bansal Krishna allowed a petition filed by Kanwarjeet Singh Batth challenging the 2019 inquiry report of the ACMM which had recommended his extradition to the United Kingdom to face trial for the offence of murder.The Court said that in the absence of any witness who actually saw Batth stab the victim, the Prosecution's case rested entirely on circumstantial evidence and the proximity of events. It added that even if the testimony of three prosecution eye witnesses is accepted in toto, it was not sufficient even prima facie to establish a case of murder against Batth.The extradition request was made by the United Kingdom in connection with a 2010 incident in Slough, Berkshire, where a man died after sustaining a stab injury during a party attended by Batth and others. The Union Government had initiated proceedings under the Extradition Act, 1962, and the ACMM had concluded that a prima facie case of murder was made out and recommended extradition.Batth had then approached the High Court contending that the incident was accidental, that the documents relied upon were defective, and that there was no direct evidence showing that he inflicted the fatal injury.Allowing the plea, the Court said that the scope of inquiry at the extradition stage is limited to determining whether a prima facie case exists for the offence alleged and the same is neither in the domain of the Magistrate conducting the Extradition Inquiry, nor of High Court to evaluate competing versions of facts and determine which offence is more probable.The Court said that none of the prosecution witnesses saw the act of stabbing itself, which is most germane to the charge of murder. It also noted that a critical lacuna in the Prosecution's case was the absence of forensic evidence linking Batth to the alleged murder weapon.“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. In the absence of forensic evidence linking the Petitioner to the weapon, the Prosecution‟s case rests entirely on the circumstantial evidence of the Petitioner being seen with a knife,” the Court said. “Even if the entire evidence as produced on behalf of the Prosecution is accepted, then too even a prima facie case is not made out against the Petitioner. The learned ACMM was therefore, not correct in concluding that the medical evidence, together with other evidence on record, established a prima facie case of murder, warranting the Petitioner‟s extradition to the UK for trial,” it concluded. Title: KANWARJEET SINGH BATTH v. UNION OF INDIACitation: 2026 LiveLaw (Del) 276Click here to read order

Delhi High Court Quashes Extradition Of Man Wanted In UK Murder Case, Says No Prima Facie Evidence Of Stabbing

Nupur Thapliyal

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