Lok Sabha Question No. 3119 (UNSTARRED), answered on 2018-03-14
Subject: Extradition from UK
Ministry: EXTERNAL AFFAIRS
Asked by: P. KUMAR, M. B. RAJESH

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.3119 TO BE ANSWERED ON 14.03.2018

## EXTRADITION FROM UK

## 3119. SHRI P. KUMAR:

SHRI M. B. RAJESH:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) whether there is an extradition treaty with the United Kingdom (UK) and if so, the details thereof;
- (b) the details of number of persons extradited from the UK during the last three years, year wise;
- (c) the names of persons in respect of whom proposals have been rejected by the UK Government;
- (d) whether the persons who have defaulted in making payments to the financial   institutions   in   India   could   be   extradited   and   if   so,   the details thereof;
- (e) the number and names of persons with respect to whom extradition requests  are pending with the UK Government; and
- (f) whether   there   is   any   proposal   to   seek   modifications   in   the extradition treaty with the UK and if so, the details thereof?

## ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS [GEN. (DR) V. K. SINGH (RETD)]

- (a) Yes, there is an Extradition Treaty between the Republic of India and the United Kingdom of Great Britain and Northern Ireland, signed on 22 September 1992. The Treaty came into force after the Instruments of Ratification were exchanged on 15 November 1993.
- (b) In the last three years, one fugitive namely Mr. Samirbhai Vinubhai Patel was extradited from the UK on 18 October 2016.
- (c) The extradition proposals in respect of fugitives, namely, Raymond Andrew Varley, Ravi Shankaran, Ajay Prasad Khaitan, Virendra Kumar Rastogi and Anand Kumar Jain, Velu @Boopalan@Dileepan@Niranjana, J.K. Angurala and Asha Rani Angurala and Jakkula Srinivas have been rejected by the UK Government. The UK Court has also declined to issue arrest warrants in respect of fugitives, namely, Rishikesh Surendra Kardile, Patrick Charles Bowering and Kartik Venugopal, on the ground of insufficient evidence of extradition offence.
- (d)  The India-UK Extradition Treaty follows a 'no-list approach' and instead, goes by the criterion of dual criminality and minimum punishability in

determining an extradition offence. According to the Article 2 of the bilateral Treaty, an extradition offence for the purpose of the Treaty is constituted by conduct which under the laws of each Contracting State is punishable by a term of imprisonment for a period of at least one year and an offence may be an extradition offence notwithstanding that it relates to taxation or revenue or is one of a purely fiscal character.

(e)  As of today, there are 16 extradition requests in respect of the following fugitives pending with the UK Government:

|   S. No. | Name                                                        |   S. No. | Name                                               |
|----------|-------------------------------------------------------------|----------|----------------------------------------------------|
|        1 | Rajesh Kapoor & Seema Kapoor                                |        9 | Patrick Charles Bowring                            |
|        2 | Tiger Hanif @Mohd. Hanif Umarji Patel                       |       10 | Palaniappan Rajaratinam                            |
|        3 | Pavilose Fernandez@Paul Samuel                              |       11 | Lokendra Sharma                                    |
|        4 | Sanjeev Kumar Chawla @Sanjeev Chawala@Sanjay Chawala@Sanjay |       12 | Kartik Venugopal                                   |
|        5 | Shaikh Sadiq                                                |       13 | S. Balakrishnan                                    |
|        6 | Vijay Mallya                                                |       14 | Ritika Avasty                                      |
|        7 | Rishikesh Surendra Kardile                                  |       15 | Kavaljit Sinh Mahendra Singh Raijada and Arti Dhir |
|        8 | Chandan Sharma                                              |       16 | Raj Kumar Patel                                    |

(f)   As of now, there is no proposal to seek modifications in the Extradition Treaty with the UK.

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