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India-UK extradition law and practice: the case for reform.

Arnell, Paul

Authors

Paul Arnell



Abstract

India-UK extradition law and practice needs reform. This is particularly acute as regards the rendition of persons from the UK to India. The number of Indian requests, their success rate and the nature of the crimes and individuals subject to them support this fact. The central and most weighty argument in favour of reform is simply that extant law and practice is not meeting its purpose. The reasons for this are that either general extradition requirements are not met or that the applicable bars to the process are successfully invoked. There are three further arguments favouring reform. The first is that there is historical precedent for a relatively streamlined approach. Reviving aspects of previous law would undoubtedly improve the current situation. The second is that India has been left behind in the modernisation of UK extradition relations. Ending the resultant differentiation in UK practice is called for. Thirdly and finally, reform is desirable in the light India’s emergence as a leading power, the UK’s departure from the European Union and the new political will in both countries to enhance criminal co-operation. The case for reform is also ripe, and not merely because of Brexit. It is timely on account of the increased importance, growth and profile of extradition requests by India to the UK in recent years. Notable here are the cases of Vijay Mallya, Nirav Modi and Sanjeev Chawla. Overall it appears clear that the scale, nature and fate of Indian extradition requests to the UK, the new geopolitical realities and the heightened desire to co-operate combine to beg the question of whether it is time to reconsider the terms and nature of extradition law and practice between India and the UK. The answer is an unequivocal yes.

Journal Article Type Article
Journal Commonwealth law bulletin
Print ISSN 0305-0718
Publisher Taylor & Francis (Routledge)
Peer Reviewed Peer Reviewed
Institution Citation ARNELL, P. [2020]. India-UK extradition law and practice: the case for reform. Commonwealth law bulletin [online], Latest Articles. Available from: https://doi.org/10.1080/03050718.2020.1733034
DOI https://doi.org/10.1080/03050718.2020.1733034
Keywords Extradition law; Reform; India; UK; Barriers; Requirements; Differentiation

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