+ :y IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1357/2007 DateofDecision: 14"' December,2007 GUNNAR STEFAN MOLLER Petitioner Through Mr. Sidharth Luthra, Sr. Advocate with Mr. Amit Bansal, Ms. Anjali Verma, Mr. Neeraj Gupta Ms. Manisha Singh, Mr. Anurag, Advocates. versus UOI & ORS. Respondent Through Mr. P.P. Malhotra, ASG with Mr. Satish Aggarwala, Advocate for UOI. Mr. S. Rizwan, Advocate for Embassy of Iceland. CORAM: HON'BLE MR. JUSTICE MUKUL MUDGAL HON'BLE MS. JUSTICE REVA KHETRAPAL 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes Whether the judgment should be reported in the Digest? Yes % JUDGEMENT 14-12-2007 MUKUL MUDGAL. J (ORAL^ Pursuantto the last order of ll"* December,2007, the learnedASG has producedthe communicationreceived by him from the Governmentof India, dated 13"* Deceniber, 2007 pursuantto the note of the Governmentof UnitedStatesof Americadated 7'*' December,2007. The said communications read as follows:- "MINISTRY OF EXTERNAL AFFAIRS CPV DIVISION, EXTRADITION SECTION WP(CRL) 1357/07 Pg. i of5 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified PATIALA HOUSE ANNEXE, TILAK MARG, NEW DELHI 110 001 Telefax no. 23070486 T 413/93/2007 December 13, 2007 Shri Satish Aggarawal, Advocate & Sr. Special Public Prosecutor, 226-227, Patiala House, New Delhi 110 001 Sir, This has reference to this Ministry's earlier correspondence regarding Stephen Wathne (a/k/a Gunnar Stefan Moller). 2. The Government of India i.e. Ministry of External Affairs received a request for provisional arrest for the purpose of extradition of above-named person, from the Embassy of the United States of America, New Delhi vide theirNote Verbaledated25"' September,2007. 3. The United States, Department of Justice has submitted a request for extradition request through their Embassy in New Delhi vide diplomatic Note Verbale No. 07-857/CONS dated November 14, 2007 in respect of Stefen Wathne aka Gunnar Stefan Moller, issued under the signature of the US Secretary of State Condoleezza Rice. 4. The United States Grand Jury, District Court of Northern California has charged Stefan Wathne with the offenceconspiracyto commitmoneylaundering. 5. On 7"" December, 2007 the CompetentAuthority approved the appointment of the Additional Chief Magistrate, Patiala House Courts, New Delhi as an Extradition/Inquiry Magistrate under section 5 of the WP(CRL)1357/07 Pg.2of5 V WP(CRL) 1357/07 IndianExtradition Act, 1962. 6. Meanwhile, the Ministry of External Affairs has received another Note Verbale No. 07-918/CONS dated December7, 2007 (copy enclosed)from the US Embassy in New Delhi, stating that the United States desires to withdraw its extradition request in respect of Stefan Wathne (a/k/a Gunnar Stefan Moller), accordingly, the CompetentAuthorityhas exceededthe request of the US authorities. 7. In view of the explainedabove, it is requestedto inform accordinglyto the Hon'ble Delhi High Court and the Hon'ble Court of Additional Chief Metropolitan Magistrate, Patiala House Courts,New Delhi. Yours faithfully, (D.K. Ghosh) DeputyPassportOfficer(Extradition)" "No. 07-918/CONS The Embassy of the United States of America presents its Compliments to the Ministry of External Affairs. With reference to Embassy note number 07- 712/CONSdated September25, 2007, in whichthe United States requested the provisional arrest for purposes of extraditionofStefanWathne(a/k/aGunnarStefanMoller), the United States wishes to inform the Ministry that the Embassy desires to withdrawits extraditionrequest. Mr. Wathne has indicated to United States Government officialsthat he will travelvoluntarilyto the United States to face the charges against him and termination of the extraditionproceedingwill hastenthis action. The Embassy of the United States of America avails itselfofthis opportunityto renewto the Ministryof ExternalAffairsthe assurancesofits highestconsideration. Pg.3of5 J V Embassyof the UnitedStatesof America, New Delhi, December 7, 2007." In this writ petition,the petitionerhad soughtto challengehis detentionpursuant to the Note Verbaleissuedby the GovernmentofUnitedStatesofAmericawhichwas soughtto be enforced by the Government of India. The communicationsextracted above show that the extradition request has been withdrawn by the Government of United States of America. Accordingly,the extradition proceedings under Section 5 of the Indian Extradition Act, pending in the Court of the learned ACMM, Patiala House Courts have become infhictuous. Since the petitioner'sextraditionrequest has been withdrawn by the Governmentof United States of Americaand the extraditionproceedingshave now become inJfructuouspursuantto the letter dated 13"' December,2007 issued by the MinistryofExternalAffairs and the letter dated 7"^ December,2007 of the Governmentof United States of America, we are satisfied that no further orders are called for in the present writ petition owing to the withdrawal of the extraditionrequestby the U.S. Government. The bail bond of the petitionerand the surety bonds accordinglystand cancelled. The police/ACMMshall release forthwith the petitioner'spassport and any otherarticledepositedpursuant to the extraditionproceedings beforethelearnedACMM. The passport of the petitioner'smother, Thorunn Wathne shall WP(CRL)1357/07 Pg.4of5 -l • '» also l?e releasedforthwith. All undertakingsgivento this Courtshall standvacatedr^Thesum of US$ 75000 depositedby the petitionershall be returnedto the petitioner by the Registrypf this Courtto the petitionerthroughcounsel.0) Since the petitioner's visa has expired during the pendency of these proceedings, as and when the petitioner moves an application for extension of his visa, it will be disposed of expeditiously in accordance with law. The writ petition stands disposed of accordingly. DECEMBER 14,2007 kkb jict/mjB MUKUL MUDGAL,J REVA KHETRAPAL, J WP(CRL)1357/07 ' Pg. 5of5