Keir Starmer, as UK prosecution head, backed India’s first extradition case
- In Reports
- 08:20 PM, Jul 06, 2024
- Myind Staff
Keir Starmer, who now serves as the UK's Prime Minister, served as Director of Public Prosecutions from 2008 to 2013. During his tenure, India secured its first extradition of a wanted individual since signing an extradition treaty with the UK in 1992. However, this extradition was later halted in 2019.
During Keir Starmer's tenure as Director of Public Prosecutions (DPP) and head of the Crown Prosecution Service (CPS) between 2008 and 2013, Mohammad Hanif Umerji Patel, also known as Tiger Hanif, was apprehended at a grocery store in Bolton, Greater Manchester, in March 2010. Under Starmer's leadership, the CPS effectively presented India's case in Westminster Magistrates’ Court, resulting in an extradition order for Hanif to be sent to New Delhi in May 2012.
Under the Extradition Act 2003, the Crown Prosecution Service (CPS) represents foreign states in extradition proceedings based on instructions from prosecutors and investigators of the requesting state. As Director of Public Prosecutions (DPP) from 2008 to 2013, Keir Starmer oversaw prosecution policy in the UK, although the day-to-day operations of the CPS were managed independently.
During the extradition proceedings of Mohammad Hanif Umerji Patel, alias Tiger Hanif, he argued that he would face torture if returned to Indian jails. However, the court dismissed this contention, ultimately ruling in favour of his extradition to India.
The extradition order for Mohammad Hanif Umerji Patel, also known as Tiger Hanif, was signed by then-Home Secretary Theresa May in the same year that the extradition was approved by the court, which was 2012. However, the implementation of the extradition was delayed for several years. Subsequently, another Home Secretary, Sajid Javid, ultimately refused Hanif's extradition in August 2019.
An Indian police officer familiar with the case, speaking anonymously, acknowledged that the Crown Prosecution Service (CPS) vigorously argued India's extradition case against Hanif, and the evidence presented was duly recognised by the court. Despite this, the extradition process faced delays and was eventually blocked in 2019, marking a significant development in the legal proceedings surrounding Hanif's extradition.
During Keir Starmer's tenure as head of the Crown Prosecution Service (CPS), notable extraditions to India occurred under his watch, including Samirbhai Vinubhai Patel in 2016 in connection with a 2002 Gujarat riots case, and bookie Sanjeev Chawla in February 2020. Unlike some others, Patel did not contest his extradition.
In addition to handling extradition cases, Starmer managed high-profile prosecutions such as the murder of Stephen Lawrence, a racially motivated killing in 1993, and the UK parliamentary expenses scandal that surfaced in 2009. His leadership at the CPS also involved overseeing significant reforms, including advocating for prosecutors to prioritise believing victims, as reported by The Guardian in December 2023.
Keir Starmer's election manifesto includes a commitment to forging a new strategic partnership with India and enhancing cooperation in critical areas such as security, education, technology, and climate change. As Prime Minister, how he will approach India's pending extradition requests, including those involving individuals like former liquor businessman Vijay Mallya, alleged arms dealer Sanjay Bhandari, and fugitive diamantaire Nirav Modi, remains to be seen.
These extradition cases have been significant points of contention and diplomatic dialogue between India and the UK. Each case presents complex legal and diplomatic challenges, and their resolutions will likely be influenced by factors such as legal arguments, diplomatic negotiations, and considerations of justice and international cooperation. Starmer's approach to these extradition requests will be closely observed both domestically and internationally, given their implications for bilateral relations between India and the UK.
The Indian officer expressed optimism that the UK would expedite the extradition requests for economic offenders. Alex Swan, from Greenberg Traurig LLP’s London White Collar Crime & Investigations team, indicated that he doesn't foresee changes in the UK's extradition policy concerning India. However, he expects the new UK Government to uphold rigorous and equitable procedures, aiming to maintain the country's reputation as a jurisdiction that safeguards justice and civil rights.
These perspectives highlight the ongoing interest and expectations regarding the handling of extradition cases involving economic offenders between India and the UK, emphasising the importance of legal processes and diplomatic relations in such matters.
Image Source: Money Control
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