Court orders gangster Kumar Pillai's return to Hong Kong
MUMBAI, Feb. 17 -- A special MCOCA court has directed the Mumbai police to take steps to repatriate alleged gangster Kumar Krishnan Pillai to Hong Kong, holding that India cannot continue to detain or prosecute him in matters beyond the three cases for which extradition was specifically granted.
The cases relate to alleged extortion from builders in Vikhroli, and shooting incidents at developers' office premises.
Recording that extradition had been permitted only in those three cases - all of which have ended in acquittal - the court made it clear that the legal basis for his continued presence in India no longer survives. The court has given the police a month to start the necessary steps to repatriate Pillai.
In the absence of any move to secure consent from the extraditing country for additional prosecutions, the court held that "the applicant cannot be put to trial for any other offence unless such permission is obtained". Special Judge Satyanarayan R Navander added that the prosecution was "left with no option but to take steps to repatriate the applicant to his home country, namely Hong Kong".
Pillai, an engineer by profession and once a resident of Vikhroli east, later acquired citizenship of Hong Kong. He was arrested in Singapore in January 2016 after a Red Corner Notice was issued for him. Pillai had already acquired Hong Kong citizenship by then. Extradition was sought in six cases, but the Singapore court permitted extradition to try him in only three. He was subsequently brought to India to face trial in cases registered between 2009 and 2013.
In allowing Pillai's repatriation plea, Judge Navander relied on the Supreme Court's ruling in Daya Singh Lahoria vs Union of India (2001), reiterating the "rule of speciality" in extradition law - that a fugitive surrendered to India "can be tried only for the offences mentioned in the extradition decree and for no other offence, unless he has been restored to or has had an opportunity to return to the State which surrendered him".
The state opposed Pillai's plea, citing other pending criminal cases and non-bailable warrants. However, the court held that without obtaining consent from the extraditing jurisdiction, Pillai could not legally be prosecuted in those matters....
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