DELHI COURT RECOMMENDS EXTRADITION OF INDIAN FUGITIVE TO AUSTRALIA FOR RASH, NEGLIGENT DRIVING

By: Aparajita Patel

In 2008, an Indian person was proclaimed a “fugitive criminal” by a Delhi court for hazardous and irresponsible driving that resulted in the death of a pedestrian in Australia [Union of India v. Puneet].

The Delhi High Court, on the other hand, heard Puneet’s appeal against the order on August 17 and issued a notice to the Centre. “The petitioner will not be extradited out of the country until the next day of hearing,” it stated. The petitioner’s major argument, according to the High Court, was that the request for extradition was submitted on February 3, 2010, while the treaty under which the extradition was requested only entered into effect on January 20, 2011.

On September 20, 2021, a hearing will be held in this case. On August 12, the Magisterial Court weighed in on Australian laws in the context of Indian Penal Code provisions, holding that the runaway criminal should face trial for the acts he is charged with in the foreign nation because the offence committed there was an extraditable offence.

Puneet was suspected of knocking down two people, one of whom died as a result of his injuries, and Additional Chief Metropolitan Magistrate Akash Jain was dealing with a “extradition inquiry report” of Puneet.

Following the conclusion of the investigation, the Court suggested that Puneet be extradited to the “requesting state,” Australia, to stand trial for the crimes;

Section 318(1) of the Crimes Act, 1958 (Victoria) defines culpable driving.

Under Section 24 of the Crimes Act, 1958 (Victoria), negligently causing serious injury;

Under Section 21(2) of the Foreign Passports (Law Enforcement and Security) Act 2005, improper use of a foreign travel passport is prohibited (Commonwealth).

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