Government Of India v Angurala & Anor [2017] EW Misc 24 (EXTRADITION) (12 October 2017)

Government Of India v Angurala & Anor [2017] EW Misc 24 (EXTRADITION) (12 October 2017)

The court was not sure the requested persons were fugitives. The passage of 24-27 years since the alleged offence, the lack of sustained effort by the requesting state to apprehend them despite knowing their whereabouts, and the prejudice and hardship caused by such delay made extradition unjust and oppressive under section 82 of the Extradition Act. Extradition is therefore barred.

Citation
[2017] EW Misc 24 (EXTRADITION)
Parties
Requested Person: Mr Jatinder Angurala; Requested Person: Mrs Asha Rani Angurala; Requesting State: Government of India
Jurisdiction
England and Wales
Judgment Date
12 October 2017
Procedural Posture
Extradition / Final Judgment After Full Hearing
Outcome
Extradition request refused; requested persons discharged.
Legal Topics
Extradition, Passage of Time, Fugitive Status, Oppression, Unjust Extradition, Human Rights
Criminal Law Extradition Law Extradition Passage of Time Fugitive Status Oppression Unjust Extradition Human Rights

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Parties

Mr Jatinder Angurala

Requested Person

Mrs Asha Rani Angurala

Requested Person

Government of India

Requesting State

Procedural Posture

Extradition / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether extradition is barred by passage of time under section 82 of the Extradition Act
  2. 2 Whether the requested persons are fugitives
  3. 3 Whether extradition would be unjust or oppressive due to delay

Ratio Decidendi

The court was not sure the requested persons were fugitives. The passage of 24-27 years since the alleged offence, the lack of sustained effort by the requesting state to apprehend them despite knowing their whereabouts, and the prejudice and hardship caused by such delay made extradition unjust and oppressive under section 82 of the Extradition Act. Extradition is therefore barred.

Court Disposition

Extradition request refused; requested persons discharged.

Orders

  • Both Mr Jatinder Angurala and Mrs Asha Rani Angurala are discharged from extradition proceedings.