‘Violation of Rule of Specialty’: Home Secretary flags procedural lapses in extradition cases

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He said the Supreme Court has reaffirmed multiple times that an extradited individual can only be tried for the offence mentioned in the extradition decree. “…Trying them for any other offence lacks legal jurisdiction and violates Section 21 of the Act,” he said.UNION HOME Secretary Govind Mohan has raised serious concerns over procedural lapses in handling extradited individuals across certain jurisdictions, cautioning that such deviations could undermine India’s credibility in future extradition matters with foreign governments.In a communication to state governments and Union Territories earlier this month, Mohan noted that it had come to the fore that some individuals extradited for specific offences were being implicated in unrelated cases after their arrival in India. “This practice is a direct violation of the Rule of Specialty (or Principal of Exclusivity), which is not merely a treaty obligation but a statutory mandate under the Extradition Act, 1962,” he said.He said the Supreme Court has reaffirmed multiple times that an extradited individual can only be tried for the offence mentioned in the extradition decree. “…Trying them for any other offence lacks legal jurisdiction and violates Section 21 of the Act,” he said.“The Rule of Specialty is a well-established principle of international extradition law embodied in Section 21 of the Extradition Act that ensures that a person extradited to India by the foreign State can be tried only for the offences for which extradition has been granted, unless prior consent of the surrendering State is obtained for prosecution in any other matter,” the letter stated.The Home Secretary further reminded all the DGPs that after completion of the trial or sentence, such individuals cannot be detained in India to face new charges without obtaining the consent from the extraditing country. “In the absence of such consent, the individual is required to be restored, or given an opportunity to return to the surrendering State in accordance with the provisions of law and applicable extradition treaties,” he said.Mohan cited some landmark rulings, but did not mention any individual who was extradited for specific offences and was implicated in a fresh case.He underscored that sovereign assurances regarding the nature of charges and punishment must be strictly honoured to uphold international comity. “Any deviation from these statutory and treaty obligations may adversely affect India’s credibility in the ongoing extradition matters and could have wider implications in future extradition requests with foreign jurisdictions. It may also create legal complications in the proceedings currently underway against wanted fugitives in other countries,” he said.Story continues below this adTHe Home Secretary directed all investigating agencies and state extradition cells to ensure strict compliance with the law “in letter and spirit”. He also advised that state extradition cells should consult the CBI’s extradition cell for clarification in complex cases.“The credibility of India’s extradition processes depends on adherence to these obligations,” Mohan wrote, seeking personal attention from top state officials to issue clear instructions to enforcement agencies.According to the CBI, it was able to secure the extradition or deportation of 134 fugitives from 2020 to 2025. “In 2024-25, 71 fugitives wanted by India were located in a foreign country, 203 wanted persons/fugitives wanted by other countries detected/located in India and 27 wanted persons/fugitives returned to India from abroad in 2024-2025,” the 2024-25 annual DPoT report showed. Mahender Singh Manral is an Assistant Editor with the national bureau of The Indian Express. He is known for his impactful and breaking stories. He covers the Ministry of Home Affairs, Investigative Agencies, National Investigative Agency, Central Bureau of Investigation, Law Enforcement Agencies, Paramilitary Forces, and internal security. Prior to this, Manral had extensively reported on city-based crime stories along with that he also covered the anti-corruption branch of the Delhi government for a decade. He is known for his knack for News and a detailed understanding of stories. He also worked with Mail Today as a senior correspondent for eleven months. He has also worked with The Pioneer for two years where he was exclusively covering crime beat. During his initial days of the career he also worked with The Statesman newspaper in the national capital, where he was entrusted with beats like crime, education, and the Delhi Jal Board. A graduate in Mass Communication, Manral is always in search of stories that impact lives. ... Read MoreStay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt Ltd