Punjab & Haryana HC Dismisses Alleged Gangster's Plea For Immunity Under Extradition Act, Says He Was Arrested 2 Yrs After Arrival In India

The Punjab & Haryana High Court has refused to grant immunity under the Extradition Act, 1962 to an alleged “notorious gangster” Sukhpreet Singh Dhaliwal (Budda) finding that he was arrested at IGI airport (New Delhi) after Armenia authorities had released him.As per Section 21 of the Extradition Act, Whenever any person accused or convicted of an offence, which, if committed in India would be an extradition offence, is surrendered or returned by a foreign State, such person shall not, until he has been restored or has had an opportunity of returning to that State, be tried in India for an offence other than―(a) the extradition offence in relation to which he was surrendered or returned; or (b) any lesser offence disclosed by the facts proved for the purposes of securing his surrender or return other than an offence in relation to which an order for his surrender or return could not be lawfully made; or (c) the offence in respect of which the foreign State has given its consent.Justice Harpreet Singh Brar noted that, “The affidavit filed by the Deputy Secretary (Extradition), Ministry of External Affairs, dated 01.12.2021, confirms that the petitioner was afterwards arrested upon his arrival at Indira Gandhi International Airport, New Delhi, on 22.11.2021. It is thus evident that the petitioner was released by the Armenian authorities upon the expiry of the detention period and was arrested in India two years later upon his arrival. Since the petitioner was never extradited to India by the Union of India and entered the country of his own volition, the rigors of Section 21 of the Extradition Act, 1962, do not come to his aid.”These observations were made while hearing a batch of petitions filed by Budda, who is stated to be involved in over 20 criminal cases. The counsel appearing for the petitioner contended that he was extradited to India specifically for the offences in one FIR (FIR No 64 dated April 14, 2018) lodged at Police Station Phase I, Mohali. However Punjab Police is prosecuting him in other criminal cases, which is violative of the provisions of Section 21 of the Extradition Act, he added.After hearing the submissions, the Court noted that as per decision of a Yerevan Court, he was temporarily detained for 30 days. Thereafter, an extradition request was received through diplomatic channels on Sep 3, 2019, and proceedings were initiated, leading to an order of detention for two months from Sep 21, 2019, it noted further.Justice Brar highlighted that a communication dated November 1, 2024, from the Ministry of Foreign Affairs of the Republic of Armenia indicates that upon the expiry of the detention period for extradition purposes on November 22, 2019, the petitioner was released from their custody and subsequently left Armenia on the same day. The high court found that the petitioner was released by the Armenian authorities upon the expiry of the detention period and was arrested in India two years later upon his arrival. In the light of the above the Court held that no further directions are required to be passed in the present petitions being devoid of any merit.Mr.Nikhil Ghai, Advocate and Mr. Nikhil Thamman, Advocate for the petitioner.Mr. Satya Pal Jain, Solicitor General of India with Mr. Sahil Garg, Advocate for the respondent-UOI.Mr. Nitesh Sharma, DAG, Punjab.Title: SUKHPREET SINGH DHALIWAL @ BUDHA v. UNION OF INDIA AND OTHERSCitation: 2025 LiveLaw (PH) 29Click here to read/download the order

Punjab & Haryana HC Dismisses Alleged Gangster's Plea For Immunity Under Extradition Act, Says He Was Arrested 2 Yrs After Arrival In India

Aiman J. Chishti

Tags