Mumbai: A sessions court that ordered the cancellation of an open-dated arrest warrant against Kumar Pillai, cited international treaty obligations and the “Doctrine of Specialty” under the Extradition Act. In a detailed order made available on Tuesday, the judge noted that Pillai, an individual of Indian origin holding Hong Kong citizenship, was acquitted in all three criminal cases for which he was originally extradited from Singapore to India in 2016. The prosecution contended an open-dated warrant was necessary to seek fresh permission from the Singapore govt to try Pillai for the remaining cases, including allegations of murder and attempted murder.
However, the judge rejected the prosecution’s submissions, noting the legal framework provides strict protections for fugitive criminals brought into the country under specific decrees. Referring to established precedents by the Supreme Court of India, the judge observed, “The provision of the… section places restrictions on the trial of the person extradited and it operates as a bar to the trial of the fugitive criminal for any other offence until the condition of restoration or opportunity to return is satisfied.” The court clarified without the explicit consent of the foreign state that granted the extradition, Indian courts lack the authority to proceed.While the warrant was cancelled on Monday, the detailed order was made available on Tuesday. The judge noted that that the Doctrine of Specialty is a cornerstone of international law, ensuring that a requesting state honours the terms under which a prisoner is handed over. The court noted that while the prosecution had been aware of the pending cases since 2016, no successful efforts were made to obtain consent from Singapore or Hong Kong to expand the scope of the trial. “A fugitive brought into this country under an Extradition Decree can be tried only for the offences mentioned in the Extradition Decree and for no other offence and the Criminal Courts of this country will have no jurisdiction to try such fugitive for any other offence,” the judge said. The court also took note of a recent order by a special MCOCA court which directed the police commissioner to take necessary steps to repatriate Pillai to Hong Kong. Finding that the continued issuance of an arrest warrant would frustrate both the law and international treaties, the judge said, “The Extradition Treaty and Extradition Decree needs to be honoured. Therefore, considering legal aspects and the Extradition Decree and facts and circumstances of the case, it is necessary to cancel the open dated arrest warrant.” While the warrant was cancelled, the court allowed the prosecution the liberty to follow the proper legal channels as prescribed under the Extradition Act for any future proceedings.
