Inadequate Representation Cannot Be Acceptable; Requesting Agency Must Ensure Effective Legal Pursuit in Extradition  – Delhi HC in Samsung Gulf Electronics vs Union of India

The Delhi High Court, in a landmark judgment, has directed the Delhi Police to facilitate the appointment of an advocate for the extradition proceedings of Sukhmeet Singh Anand in Spain. This ruling came in a writ petition filed by Samsung Gulf Electronics seeking a Writ of Mandamus for legal representation in the said extradition proceedings.

The Court underscored the need for effective legal representation in international extradition proceedings, emphasizing the petitioner’s right to assist the prosecution and the duty of respondent authorities, particularly the Delhi Police, to ensure effective legal follow-up on the extradition request.

After Samsung Gulf Electronics filed a FIR leading to a chargesheet in 2017, Sukhmeet Singh Anand was detained in Spain based on a Red Corner Notice. His extradition was initially denied by the Spanish National Court, citing inadequate representation by Indian authorities.

Victim’s Right to Participation: Referencing Supreme Court judgments, the Court underlined the importance of a victim’s participatory rights in criminal proceedings.

Responsibility of Delhi Police and MEA: The judgment criticized the shifting of responsibility between the Delhi Police and the Ministry of External Affairs (MEA) over the appointment of an advocate, emphasizing that the initiating agency must proactively ensure effective representation.

Adherence to International Legal Standards: The Court pointed out that according to Section 14.1 of the Passive Extradition Law (PEL), the participation of the Requesting State in extradition hearings is permissible and crucial for a fair process.

Advocate Appointment Mandate: The Court directed that the Delhi Police should officially request the appointment of an advocate for effective representation, in line with domestic and international legal principles.

Respondent Nos. 4 and 5 (Delhi Police) were ordered to arrange for the appointment of an advocate for extradition proceedings, potentially at the expense of the petitioner. The MEA is required to communicate this decision to the Spanish authorities, ensuring adherence to established legal rights and international norms.

Date of Decision: April 04, 2024

SAMSUNG GULF ELECTRONICS, VS UNION OF INDIA