Absence of treaty no bar to extradition of fugitives: MEA to Delhi High Court

NEW DELHI: The Centre today told the Delhi High Court that there was no illegality in its decision to extradite a French woman to Chile for her alleged involvement in the killing of a Senator there, saying the Extradition Act applies to fugitive criminals irrespective of a treaty.

The Ministry of External Affairs ( MEA) made the submission before a bench of Chief Justice G Rohini and Justice Jayant Nath in response to the woman's plea against her extradition by citing a 118-year-old treaty which was signed between the United Kingdom and Chile in 1897 and was applicable to all British colonies including India.

56-year-old Marie Emmanuelle Verhoeven, who was arrested on February 16 from Uttar Pradesh while she was entering India from Nepal and has been in judicial custody ever since, has contended there was no treaty in existence between India and Chile.

She is alleged to have participated in the assassination of Chilean Senator Jaime Guzman Errazuriz on April 1, 1991.

Challenging her arrest, she has also claimed that the Extradition Act 1962 does not apply to her.

The MEA in an affidavit filed in court has refuted her contentions, saying even if there was no treaty between the two nations, the Act would apply to fugitive criminals.

It said that in the absence of a treaty, the Act would apply to fugitive criminals but the government would have discretion whether to extradite them or not.

Additional Solicitor General (ASG) Sanjay Jain, appearing for the ministry, also told the court that as per the Act an extradition treaty includes treaties, relating to extradition of fugitive criminals, which were made before August 15, 1947 and extended and were binding on India.

"Change in form of government of a contracting state does not put an end to its treaties," the MEA has said in an affidavit filed in the court.

"Thus, there was always a treaty in existence between India and Chile and it was duly notified on April 28, 2015," the affidavit has also said.