(2011)11SCC214, 2010(9)UJ4341 2010(58)BLJR1353, 2010(4) Crimes54(SC), JT2010(10)SC202, 2010(9)SCALE460, (2011)3SCC(Cri)125

Charges framed against the Appellant not only for the offences for which the Appellant has been extradited but also for some additional offences - Challenge against thereto - Whether the criminal courts in the country have no jurisdiction to try in respect of offences which do not form part of the extradition judgment, and the Appellant/accused can be tried only for the offences mentioned in the extradition decree - Held, when a person is extradited for a particular crime, he can be tried for only that crime - Section 21 of the Act, 1962 makes a specific provision to that effect - As per 1993 amendment, a fugitive could be tried for a lesser offence, without restoring him to the State from which he was extradited or for any other offence, if the State concerned gives its consent - Contention that Appellant had been extradited under International Convention for the Suppression of Terrorist Bombings (the Convention) and therefore, he can be tried only for the offences which are related to the said Convention cannot be sustained - Court at Portugal has not granted extradition merely on the basis of Extradition Treaty but also on the basis of reciprocity - Extradition request was made to the Government of Portugal by the Government of India under the provisions of the Extradition Act applicable to Non Treaty States i.e. Section 19 of the Act, 1962 - Appellant can also be tried for lesser offence/offences in view of Section 21 of the Act as disclosed by the facts - Designated Judge has correctly concluded that the Appellant can be tried for lesser offences, even if, the same are not covered by the Extradition Decree since the same is permitted under Section 21(b) of the Act, 1962 - Appeal dismissedCriminal - Extradition of Fugitive - Extradition ensures a mode of formal surrender of an accused by the one country to another based on Reciprocal arrangements - Held, Fair balance needs to be struck between Human Rights norms and the need to tackle Transnational crime - Extradition allowed on the specific undertaking of the Government of India that the extradited criminal will not be subjected to death penalty or imprisonment beyond 25 years - Amendment to the Extradition Act, enables the requesting State to try the fugitive for a lesser offence without restoring him to the requested State - Doctrine of double criminality and Specialty are both safeguards of the individual rights of the extradited accused who should not be tried on unexpected counts, as well as the rights of the requested State to have its laws and processes given adequate deference by the requesting State - Appeal Dismissed