Answer By law4u team
Article 21 of the Indian Constitution guarantees protection of life and personal liberty and mandates that no person shall be deprived of these rights except according to the procedure established by law. This provision is a powerful tool to challenge extradition when it threatens fundamental rights or lacks due process.
Extradition Challenges Under Article 21
Right to Life and Personal Liberty
Extradition involves surrendering a person to a foreign jurisdiction, potentially exposing them to imprisonment, torture, or even death penalty.
Courts examine if extradition violates the person’s right to life or liberty under Article 21.
Due Process and Fair Procedure
Article 21 requires that any deprivation of liberty must follow a procedure established by law, which should be fair, just, and reasonable.
Indian courts scrutinize the legality and fairness of the extradition process, including adherence to the Extradition Act, 1962.
Judicial Safeguards
Courts have the power to review extradition requests and can refuse or delay extradition if fundamental rights are at risk.
Habeas corpus petitions challenging illegal detention or procedural violations are often filed invoking Article 21.
Protection Against Torture or Inhuman Treatment
If extradition would expose the person to torture, cruel or degrading treatment, or an unfair trial, courts may deny surrender citing Article 21 protections.
Case Law Examples
The Supreme Court and High Courts have repeatedly held that extradition must not violate constitutional rights.
In Ramesh Prasad Verma v. Union of India (2014), the Supreme Court emphasized protecting fundamental rights during extradition.
Example
A person facing extradition argues that the requesting country does not guarantee a fair trial and that extradition would expose them to torture. Invoking Article 21, the Indian courts review the evidence and halt the extradition to protect the person’s fundamental rights.
