INDIA
The only charge on which CBI can seek his extradition is human slaughter. The charge could have been proved only under section 304 IPC (culpable homicide).
The Warren Anderson extradition drama has put CBI in a fix. The agency is struggling to find strong legal ground to seek his extradition from the US.
The only charge on which CBI can seek his extradition is human slaughter. The charge could have been proved only under section 304 IPC (culpable homicide).
Under the dual criminality clause that will come into effect in Anderson’s case, the crime for which his extradition is being sought must be punishable in the US as well. “We are being too optimistic to expect an extradition under section 304-A (causing death due to negligence). Do you think any government will allow extradition of its citizen charged with a section that is used in cases of road accidents?” a CBI officer said.
Extraditions are normally allowed on very strong grounds.
After the recent Bhopal court verdict, CBI was hard-pressed to explain reasons for delay in Anderson’s extradition. It was at pains to prove its sincerity in the case and explain that it was in fact the ministry of external affairs that had been sitting on extradition requests. A former CBI joint director even went to the extent of naming the ministry.
“The fact is that Anderson fled India before the case was handed over to us. After that, we tried our best to get him back. After the dilution of charges by the Supreme Court in 1996 we have no locus standi to seek his extradition,” a CBI officer said.
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