During the hearing today, Michel’s counsel Aljo Joseph submitted that submitted that his case is covered under Section 436A (maximum period for which an under trial prisoner can be detained) of the Criminal Procedure Code (CrPC).
Referring to the extradition treaty on the basis of which Michel was brought to India, it was submitted that a fugitive can only be tried for offences mentioned in the treaty.
“The extradition treaty only permits for extradition if there are pari materia provisions. I have been extradited for an offence with 5 years punishment. I have completed 4 years and 10 months,” it was contended.
Joseph also traced the history of the case.
“FIR was filed in Feb 2013, incidents are of 2004 and 2008. I have been arrested and brought here on 4 December 2018. Chargesheet has been filed. Trial is at stage of 207 since last many years. The extradition of other accused is pending,” it was submitted.
He said that the trial is unlikely to conclude in two years and investigation itself has been ongoing for the past nine years.
“Many of the accused have been granted bail by trial court. CBI has not even raised an objection. Only I have not,” Joseph further stated.
Additional Solicitor General SV Raju, appearing for the investigating agencies, opposed the plea.
He placed reliance on the provisions of Extradition Act and the extradition treaty to make his argument.
Source: Barandbench
