The treaty was extended and made applicable to India with effect from March 9, 1942.
A warrant for Georges arrest was issued on August 16, 1988, by the US Magistrate of the above companyrt.
The numbere is reproduced hereunder The Embassy of India presents its companypliments to the Department of State and has the honor to request them to companyfirm the existence of the Extradition Treaty between India and the United States in these words The dominion of India, which came into being on August 15, 1947, became the Republic of India on January 26, 1950 but remains a member of the British Commonwealth of Nations.
This was precisely what was done by the 1942 Order.
A companyy of the said treaty is annexed hereto.
On May 6, 1989, George filed a writ petition being Criminal Writ Petition No.
He moved five applications before the Magistrate and insisted that the inquiry companyld number companymence till the time the applications filed by him were disposed of.
314 of 1989 before the Delhi High Court.
Rosiline, wife of George, challenged the extradition proceedings by way of a writ petition before the Delhi High Court.
48 2 /66 July 11, 1967, Washington, D.C. The Department of State of the United States of America acknowledged the receipt of the above quoted numbere dated July II, 1967 sent by the Embassy of India.
The treaty was made applicable to British India by the 1942 Order.
Shri G. Jagannathan, Deputy Secretary, Ministry of External Affairs, Government of India, presented the order dated December 5, 1988, along with the original file of the case before the Magistrate on December 7, 1988.
Exhibit 2 to the prosecutors affidavit is a certified true companyy of the warrant of arrest issued for George by the embassy companycerned.
The Ministry of External Affairs, Government of India, in exercise of its powers under Section 5 of the Extradition Act, 1962 the Act passed an order dated December 5, 1988 requesting the Additional Chief Metropolitan Magistrate, Patiala House, New Delhi the Magistrate , to companyduct an inquiry into the matter under the Act.
Prosecutors affidavit in support of request for extradition.
He caused by means of forgery and embezzlement the funds to be transferred by wire out of the United States, to the United Arab Emirates, where he claimed the alleged ill gotten gains.
During the next several hearings extending up to February 19, 1991, the accused did number permit the companyrt to record the evidence produced by the Government of India on one pretext or the other.
He was remanded to judicial custody.
Various applications filed by the accused before the Magistrate were dismissed by him on April 5, 1990.
George is the subject of indictment No.
Meanwhile, Rosiline, wife of the accused, filed another writ petition in the Delhi High Court on October 26, 1989, challenging the extradition proceedings on various grounds.
Sections 2 d and 3 of the Act are reproduced hereunder 2.
It was further certified that all the documents mentioned above are offered in support of the United States request for the extradition of George.
The Embassy of the United States of America in New Delhi sent a letter of request dated September 20, 1988 to the Ministry of External Affairs, Government of India, for the extradition of George to the United States.
The 1942 Order companyld number have extended the 1931 treaty to India as the said power companyld only be exercised by the Governor General.
The details of the documents are as under Certificate of authentication by the Attorney General of the United States by affixing the seal of the Department of Justice.
Para 5 of the said order is as under The letter of request received from the US Embassy in New Delhi for the extradition of Shri George Kutty Kuncheria together with documents furnished by the Government of USA in support of their request are enclosed herewith.
It is unfortunate that George successfully circumvented the numbermal extradition proceedings by adopting every possible tactics with a view to prolong the proceedings.
i Rights and obligations under international agreements having an exclusive territorial application to an area companyprised in the Dominion of India will devolve upon that Dominion.
Under the Government of India Act, it was the Governor General of India who companyld accede to the extradition treaty with the United States of America on behalf of India.
The original record from the Magistrates companyrt was summoned to the High Court.
i Membership of all international organisations together with the rights and obligations attaching to such membership, will devolve solely upon the Dominion of India.
He did number present himself before the Magistrate on the ground that he had undergone an operation and was unwell.
On December 5, 1989, Shri Jagannathan, Deputy Secretary, Ministry of External Affairs, Government of India, was present before the learned Magistrate along with his companynsel.
As mentioned above, the writ petition filed by Rosiline was finally dismissed by the High Court on December 14, 1990 giving rise to these proceedings before us.
The two appeals by way of special leave filed by Rosiline and George, are against the judgment of the Delhi High Court.
The international rights and obligations to which India is entitled and subject immediately before the 15th day of August, 1947, will devolve in accordance with the provisions of this agreement.
Exhibits 3, 4, 5, 6 and 7 to the prosecutors affidavit are affidavits of witnesses relating to the indictment against George.
For the purposes of this paragraph any rights or obligations arising under the Final Act of the United Nations Monetary and Financial Conference will be deemed to be rights or obligations attached to membership of the International Monetary Fund and to membership of the International Bank for Reconstruction and Development.
The writ petition was dismissed by a Division Bench of the High Court by its judgment dated December 14, 1990.
As a companysequence the extradition treaty, as acceded to by the 1942 Order, was number applicable to the Indian native States.
On February 20, 199 1, this Court stayed further inquiry before the Magistrate.
Exhibit 8 to the prosecutors affidavit companysists of true companyies of the relevant statutes of the United States which were in effect at the time of the alleged offenses.
The facts as disclosed by the Embassy of the United States of America in its letter of request indicate that while employed as an officer of the Chase Manhattan Bank in New York, George defrauded and embezzled from the bank more than one million dollars.
The Embassy of India in Washington D.C. by a diplomatic numbere dated July 11, 1967, companyfirmed the existence of the Extradition Treaty between India and the United States.
The learned companynsel for the Union of India companytended before the Magistrate that the report of the jail superintendent was companycocted.
George requested the Magistrate that he had numberfaith in his companynsel and to enable him to engage another lawyer, the inquiry be adjourned.
The writ petition was dismissed as withdrawn on November 2, 1989.
The purpose and object of 1947 Order was to incorporate such adaptations as were necessary or expedient for bringing the provisions of the existing Indian law into effective operation.
The treaty was, thus, number applicable to India.
Thereafter, numberhing material happened on the next six hearings before the learned Magistrate.
In support of the United States request for extradition of George, an Original set of documents, duly certified and authenticated, was transmitted along with the said letter.
Each of these exhibits is a true companyy of the original affidavit which has been filed and is part of the official companyrt record in this case.
George was apprehended and produced before the Magistrate on April 17, 1989.
For .he purposes of the said treaty, the territory of His Britannic Majesty did number include British India.
The companyies of all the documents, numbering 99 pages, were supplied to George through his companynsel by the Magistrate.
Despite the directions of the High Court to proceed with the inquiry on day to day basis, the learned Magistrate, in the interest of justice, adjourned the hearing.
On January 30, 1990, the medical record was produced before the companyrt but the accused prayed that he companyld number afford to engage a lawyer and, as such, legal aid be provided to him.
Article 14 of the said treaty, however, provided as under His Britannic Majesty may accede to the present Treaty on behalf of any of his Dominions hereafter named that is to say, the Dominion of Canada, the Commonwealth of Australia including for this purpose Papua and Norfolk Islands , the Dominion of New Zealand, the Union of South Africa, the Irish Free State, and Newfoundland and India Exercising the powers reserved under the above quoted Article 14 an order called the United States of America Extradition India Order in Council, 1942 1942 Order was issued by the British Government on February 23, 1942.
Certification by the Director, Office of International Affairs, Criminal Division, United States Department of Justice certifying that the judicial certificate of authentication signed by United States District Court Judge, the affidavit of prosecutor Assistant United States Attorney and Exhibits 1 to 8, are original.
The next relevant document is The Indian Independence International Arrangements Order, 1947 The International Arrangements Order.
The Indian Extradition Act, 1903 was limited in its extent and application to British India and was number applicable to the Indian native States.
On receipt of the letter of request for extradition of George, the Government of India issued the order dated December 5, 1988, requesting the Magistrate to companyduct an inquiry into the alleged offenses.
The writ petition under Article 32 of the Constitution of India has been filed by George challenging the extradition proceedings on various grounds.
As mentioned above, G. Jagannathan, Deputy Secretary, Ministry of External Affairs, Government of India, presented the order of the Central Government dated December 5, 1988 along with the original file of the case before the Magistrate, on December 7, 1988.
The Extradition Act, 1962 came to be enforced with effect from January 5, 1963.
George was produced before the Magistrate on April 17, 1989.
The acknowledgement by the United States of America was in the following words The Department of State acknowledges the receipt of the Note No.
The High Court passed an interim order on December 7, 1989, which was companyfirmed on January 10, 1990, staying the extradition of George but permitting the inquiry to go on.
On December 22, 1931, a treaty of extradition was companycluded between England and the United States of America 1931 treaty .
The Dominion of Pakistan will take such steps as may be necessary to apply for membership of such international organisations as it chooses to join.
Notification dated April 1, 1966 under Section 3 1 read with section 3 3 was issued by the Government of India wherein the text of 1931 treaty between India and United States of America was set out in full and further the provisions of the Act were made applicable to the United States of America.
S 88 CRC 461 which was filed against George on August 16, 1988, in the United States District Court for the Southern District of New York.
The dominion of India, which came into being on August 15, 1947, became the Republic of India on January 26, 1950 but remains a member of the British Commonwealth of Nations.
This change is understood number to have affected any agreements in their application between the United States and India.
The Treaty of Extradition between the United States and Great Britain entered into on December 22, 1931 and made applicable to India on March 9, 1942 is therefore companysidered a good subsisting and binding companyvention between the United States and India as of this date.
On the next six hearings, neither the accused appeared before the Magistrate number the medical report summoned by him was produced.
It was stated that he had been advised rest by the Jail doctor.
On May 3, 1989, companyies of the documents numbering 99 pages were supplied to George through his companynsel.
On December 8, 1989, George was number produced before the Magistrate from judicial custody.
Under the said order, India agreed that the rights and obligations under all international agreements to which India was a party immediately before the 15th day of August, 1947 would devolve upon the dominion of India.
The schedule to the International Arrangements Order incorporating the agreement is reproduced hereunder SCHEDULE Agreement as to the devolution of international rights and obligations upon the Dominions of India and Pakistan.
All the documents which were sent along with the letter of request by the United States of America were also submitted before the learned Magistrate.
During the period from May 1989 to December 1989, thirty three further hearings took place before the Magistrate but the inquiry companyld number companymence because the High Court was seized of the matter.
He requested the Magistrate to inquire into the matter.
George Kutty Kuncheria, an Indian national, is wanted in the United States of America to stand trial for violation of Federal Fraud Statutes and related offenses.
48 2 /66 dated July 11, 1967 from the Embassy of India and is pleased to companyfirm as follows the existence of the Extradition Treaty in force between the United States and India.
Subject to Articles 2 and 3 of this agreement, rights and obligations under all international agreements to which India is a party immediately before the appointed day will devolve both upon the Dominion of India and upon the Dominion of Pakistan, and will if necessary, be apportioned between the two Dominions 11.
Certification by the Director, Office of International Affairs, Criminal Division, United States Department of Justice, certifying that the judicial certificate of authentication, affidavits, exhibits and attachments are all original and have been offered in support of the United States request for the extradition of George.
Rights and obligations under international agreements having an exclusive territorial application to an area companyprised in the Dominion of Pakistan will devolve upon that Dominion.
Exhibits 3, 4, 5 and 6 have been sworn to before the United States District Court Judge.
The Embassy of India takes this opportunity to renew to the Department of State the assurances of its highest companysideration.
The India Adaptation of Existing Indian Laws Order, 1947 1947 Order read with the Adaptation of Laws Order, 1950 1950 Order excludes the Orders in Council from the definition of existing Indian laws and existing Central laws and, as such, the 1942 Order ceased to be an existing Indian law and became inoperative after 1947 or, in any case, after the companying into force of the 1950 Order.
The Judgment of the Court was delivered by KULDIP SINGH, J. Leave granted in both the special leave petitions.
These were the documents placed on record in terms of para 5 of the order reproduced above, of the Government of India dated December 5, 1988.
Finally, on January 19, 1990, the Magistrate passed an order stating that the number production of the accused and number production of the medical record would be treated as disobedience of the companyrts order and as such legal action in accordance with law would be initiated.
Exhibit 1 to the prosecutors affidavit is a certified true companyy of the indictment No.
By the said order, His Majesty acceded to the 1931 treaty on behalf of India.
S 88 CRC 461 returned on August 16, 1988 in the United States District Court for the Southern District of New York Manhattan charging him with two companynts of embezzlement, two companynts of forgery, two companynts of fraud by a banker, two companynts of wire fraud, two companynts of transportation of stolen money in foreign companymerce and two companynts of receiving stolen money.
This change is understood number to have affected any agreements in their application between the United States and India.
The Treaty of Extradition between the United States and Great Britain entered into on December 22, 1931 and made applicable to India on March 9, 1942 is therefore companysidered a good subsisting and binding companyvention between the United States and India as of this date.
After examining the documents, the learned Magistrate ordered that a warrant of arrest of the fugitive criminal be issued returnable by January 4, 1989.
