DAYA SINGH LAHORIA versus UNION OF INDIA AND ORS.

DAYA SINGH LAHORIA versus UNION OF INDIA AND ORS.

A fugitive brought into India under an Extradition Decree can be tried only for the offences mentioned in the Extradition Decree and for no other offence; criminal courts in India have no jurisdiction to try such fugitive for any other offence unless consent from the foreign State is obtained.

Parties
Petitioner: Daya Singh Lahoria; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
17 April 2001
Procedural Posture
Writ Petition (crl.) No. 256 of 2000 With Special Leave Petition (crl.) Nos. 2697 2698 of 2000 / Final Disposition by Supreme Court
Outcome
Petition disposed of
Legal Topics
Extradition, Jurisdiction, Doctrine of Speciality
Criminal Law International Law Extradition Jurisdiction Doctrine of Speciality

Case Brief

Summary, issues, holding and outcome

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Parties

Daya Singh Lahoria

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (crl.) No. 256 of 2000 With Special Leave Petition (crl.) Nos. 2697 2698 of 2000 / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether an accused extradited for certain offences can be tried for offences not included in the extradition decree under Section 21 of the Extradition Act, 1962

Ratio Decidendi

A fugitive brought into India under an Extradition Decree can be tried only for the offences mentioned in the Extradition Decree and for no other offence; criminal courts in India have no jurisdiction to try such fugitive for any other offence unless consent from the foreign State is obtained.

Court Disposition

Petition disposed of

Orders

  • Writ Petition and Special Leave Petitions are disposed of; petitioner cannot be tried for offences not mentioned in the extradition decree.