Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1962 Extradition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Extradition Act, 1962: Sovereign assurance – In the instant case, appellant was extradited from the Republic of Portugal and custody of the appellant was handed over to Indian authorities – Government of India submitted a solemn sovereign assurance under the Portuguese law that appellant would not be convicted by death penalty or imprisonment for a term beyond 25 years – Trial Court convicted the appellant and sentenced him under the different provisions of law – Held: Separation of Judicial and Executive powers and the scheme of the Indian Constitution cannot bind the Indian courts in proceedings under the Extradition Act – Thus, the courts must proceed in accordance with law and impose the sentence as the law of the land requires, while simultaneously the Executive is bound to comply with its international obligations under the Extradition Act – To achieve the objective of solemn assurance the methodology placed before the Portugal Courts was that Art. 72(1) of the Constitution conferred power on the President of India to grant pardon, reprieve, respite or remit punishment or suspend, remit or commute the sentence of any convict person convicted of any offence – Further with the assurance under ss. 432 and 433 of the Cr.P.C. which conferred power on the Government to commute the sentence to life imprisonment with terms not exceeding 14 years.Code of Criminal Procedure, 1973: s.428 – Plea of set off – Appellant was charged for travelling on a fake passport and was arrested by Portguese Police in Lisbon on 18.09.2002 – Thereafter, the appellant’s extradition proceedings started on 28.03.2003 – He served sentence from 18.09.2002 to 12.10.2005 when he was granted conditional release for the remaining sentence – To complete the detention, he was again imprisoned from 12.10.2005 till 10.11.2005 for a month when he was handed over to the Indian authorities – Appellant claimed that he was entitled to set off as he was already in custody for a time period in Portugal – Designated Court, Mumbai did not give benefit of any set off from 18.09.2002 till 12.10.2005 – Held: When reference is made in a set off for adjustment of periods, the reference is to proceedings within the country – The criminal law of the land does not have any extraterritorial application – Conviction and sentence from 18.09.2002 in Portugal had nothing to do with the proceedings against him in India – However, he was granted conditional release for the remaining sentence on 12.10.2005 – He was again imprisoned from 12.10.2005 till 10.11.2005, i.e. when he was handed over to the Indian authorities – From the perspective of detention of the case in India, the period commences only on his being detained at Portugal on 12.10.2005, albeit giving him benefit of a little less than one month. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2022 INSC 671 |
Petitioner | Abu Salem Abdul Kayyum Ansari |
Respondent | The State Of Maharashtra |
SCR | [2022] 12 S.C.R. 169 |
Judgement Date | 2022-07-11 |
Case Number | 679 |
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