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India
In an exclusive interview with NewsX, former Supreme Court judge Justice A.K. Sikri called the extradition of a key fugitive in a terror-related case a “major victory” for India, underscoring the complexity of such international legal actions and the diplomatic efforts involved.
Justice Sikri emphasized that extraditing individuals accused of terrorism is a challenging process, even when supported by formal treaties. “It’s not just about legal procedures it also involves intense diplomatic negotiations,” he noted, appreciating the Indian government’s success in securing the extradition.
Justice Sikri clarified that under the terms of the extradition treaty between India and the United States, the accused can be prosecuted only for the specific charges that led to the extradition. “The US authorities must be convinced that there’s enough evidence to allow prosecution and they were,” he said.
He also pointed out that both Indian and international laws bar custodial torture or any form of unfair treatment during interrogation. “All investigations will be carried out ensuring full fairness no third-degree methods, no corporal punishment,” he added.
Responding to concerns about whether the accused could be tried again for charges already addressed in the US, Justice Sikri explained that the principle of double jeopardy does not apply in this case. “He was tried in a US court under US laws. But now, he is being tried under Indian laws for a crime committed on Indian soil. So the prosecution stands,” he explained.
Justice Sikri also shed light on one of the most pivotal developments in the case the testimony of David Headley, who turned approver during a previous trial. “Headley confessed that not only was there a conspiracy, but the material support was actually provided by the accused,” he said. This testimony, according to Justice Sikri, is already part of official court records and may serve as “key evidence” for Indian prosecutors, subject to Indian Evidence Act standards of admissibility.
While much of the groundwork appears solid, Justice Sikri cautioned that further revelations may arise depending on what the accused shares during interrogation. “It remains to be seen how much he will reveal or can be compelled to reveal but the legal process is well-placed,” he said.
This high-profile extradition is seen as a milestone in India’s fight against cross-border terrorism and reflects increasing international cooperation in handling fugitives tied to global terror networks.
