After two years of litigation the Chief Magistrate has rejected the Government of India’s request to extradite two individuals in an important fraud case. Both clients were represented by BSQ partner Roger Sahota.
Following a four day hearing last week at Westminster Magistrates Court in the case of the Government of India and JA and ARA, Chief MSM Arbuthnot held that extradition was barred due to the passage of time. The allegations made against the Requested Persons dated back between 24 and 27 years.
The Judge held that section 82 of the Extradition Act applied as it would be unjust or oppressive to extradite the requested persons due to the passage of time. In the Judgment the Court highlighted failures and delays ion the part of the CBI, the Indian FBI to make enquiries of the requested persons whereabouts in the UK.
Several expert witnesses were engaged on the part of the requested persons in support of submissions the Court was not required to rule on, including failures on the part of the Government of India to meet internationally recognised detention and fair trial standards.
The full judgment is available here.
Roger Sahota is an acknowledged expert in international criminal law. Counsel instructed was Ben Keith of 5 St Andrews Hill and Ben Cooper of Doughty Street Chambers.
If you require representation in relation to a pending business extradition case contact our London offices.