After Operation Hard Ball, a new claim is in discussion. It is being said that America has expressed its desire to keep gangster Lawrence Bishnoi, lodged in Sabarmati jail of Ahmedabad, in its jail. After this, the question is increasingly being raised whether America can ask for the extradition of Lawrence Bishnoi from India? At first glance, this matter appears to be a legal process between two countries, but when Indian law is looked at, the picture appears quite different. To hand over any accused in India to another country, only the demand of that country is not enough, but many conditions of Indian law have to be fulfilled. This is the reason why Lawrence Bishnoi’s case is being considered different from normal extradition cases.
The biggest question is that even if America formally demands extradition, will India hand him over immediately? The answer currently points towards ‘no’. The reason for this is Section 31 of the Extradition Act, 1962. This section gives a kind of legal protection to the accused in such cases. It is said that about 84 cases related to many serious cases have been registered against Lawrence Bishnoi in different states of India. In such a situation, until the ongoing cases in India are not legally resolved or he completes his sentence, his extradition is not considered easy.
What is Lawrence Bishnoi’s case?
- About 84 criminal cases are said to be registered against Lawrence Bishnoi across the country.
- America may seek extradition of Lawrence Bishnoi from India.
- Extradition in India happens not just on the demand of another country, but under the law.
- America’s interest in Lawrence Bishnoi in discussion after Operation Hard Ball.
- Under Operation Hard Ball, the FBI is investigating the Lawrence Bishnoi gang and the international network associated with it.
Who is Lawrence Bishnoi? (Getty Images)
What does the Extradition Act, 1962 say?
Before knowing the Extradition Act, let us talk about what is extradition? In simple language, extradition means that when a person goes to another country after committing a crime in one country, then the country in which he has committed the crime demands the other country to hand him back. This legal process is called extradition. Now talking about Section 2(f) of the Extradition Act, according to it, if a person commits an extraditable offense in a foreign country, conspires, instigates or cooperates in committing the offence, then he can be considered a fugitive criminal. In such cases the concerned country can demand extradition.
Why is Section 31 becoming the biggest hurdle?
Section 31 of the Extradition Act may become a hindrance in this case. According to this section, if a person is being tried for any other crime in India or is serving a sentence here, then he will not be handed over to any other country until the legal process going on against him in India is completed. To explain in simple language, suppose a person is facing trial for murder in India and the same person is accused of a different crime in another country. Even if another country asks for his extradition, India will not send him immediately. First the cases pending in India will be decided. If the accused is found guilty then he will have to complete the sentence here. Only after that extradition can be considered.
Why do 84 lawsuits change the whole equation?
According to media reports, about 84 cases are registered against Lawrence Bishnoi in different states of the country. These include many serious charges related to murder, conspiracy to murder, extortion, gang running and organized crime. These cases are being investigated by different agencies and the hearing of many cases is going on in the courts. In such a situation, even if a demand for extradition comes from a foreign country, the Indian courts and government will first give priority to the cases pending in the country.
Will America’s demand lead to extradition?
While reading the news, a question will come to people’s mind whether America’s demand will lead to the extradition of Lawrence Bishnoi, then the answer is no. Extradition between India and any other country happens under a fixed legal process. First the concerned country sends a formal request. After this the Government of India examines that request. Then the courts see whether the person concerned can be extradited as per law or not. If there is any obstacle in Indian law, extradition can also be stopped. Therefore, immediate extradition is not possible after any statement.
What does India’s extradition law say? (Getty Images)
The case of David Headley?
This matter can be understood from the case of David Headley. 26/11 Mumbai terror attack conspirator David Headley was arrested in America. India wanted him to be brought here and prosecuted, but due to American law and the legal process there, he was not sent to India. This shows that extradition of an accused does not happen only as per the wish of two countries, but the decision is taken only according to the laws and court rules of the respective countries.
What is Operation Hard Ball?
Operation Hard Ball is a major operation of America’s investigative agency FBI. Its objective is to take action against Lawrence Bishnoi gang and the international crime network associated with it. Under this operation, simultaneous raids were conducted at many places in America, Canada and Europe and many people were arrested. Investigative agencies say that this campaign has been launched to break the networks associated with serious crimes like murder, extortion, drugs and arms smuggling.
Who is gangster Lawrence Bishnoi?
Lawrence Bishnoi is one of the most famous gangsters of India. His name has come up in many cases like murder, extortion, gang running and organized crime. At present he is lodged in Sabarmati Central Jail of Ahmedabad. Despite being in jail, he has been continuously the target of investigative agencies due to allegations that many of his gang members are active in the country and abroad. Recently, after FBI’s Operation Hard Ball, his name has once again come into discussion at the international level. After the murder of Punjabi singer Sidhu Moosewala, the discussion about Lawrence increased a lot, Bollywood actor Salman Khan has also received many threats from his side.
Leave a Reply