Kanwarjeet Singh Batth vs Union Of India on 16 March, 2026

    0
    46
    ADVERTISEMENT

    Delhi High Court

    Kanwarjeet Singh Batth vs Union Of India on 16 March, 2026

    Author: Neena Bansal Krishna

    Bench: Neena Bansal Krishna

                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              %                                              Reserved on: 08th October, 2025
                                                                           Pronounced on: 16th March, 2026
    
                              +      W.P.(CRL) 1188/2019, CRL.M.A. 8679/2019, CRL.M.A.
                                     36563/2019, CRL.M.A. 36564/2019, CRL.M.A. 36565/2019,
                                     CRL.M.(BAIL) 6270/2020 & CRL.M.(BAIL) 749/2021
    
                                     KANWARJEET SINGH BATTH
                                     S/o Late Shri Subeg Singh
                                     Through Davinder Kaur
                                     (Pariokar/ Mother)
                                     R/o H.No. 298, Akash Avenue,
                                     Fatehgarh Churiyan Road,
                                     Amritsar, Punjab
                                                                                            .....Petitioner
                                                        Through:     Mr. Sanjay Mishra, Advocate
                                                        versus
                                     UNION OF INDIA
                                     Ministry of External Affairs, Delhi
                                     Through Standing Counsel,
                                     Union Of India,
                                     High Court of Delhi,
                                                                                          .....Respondent
                                                        Through:     Mr. N.K. Matta, SPP with
                                                                     Mr. Siddharth Kaushik and Mohd.
                                                                     Faizan Khan, Advocates
    
                              CORAM:
                              HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                        J U D G M               E N T
                              NEENA BANSAL KRISHNA, J.
    

    1. Writ Petition under Articles 226/227 of the Constitution of India has
    been filed on behalf of the Petitioner, Kanwarjeet Singh Batth for setting

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 1 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    aside/quashing the Order of learned ACMM dated 25.02.2019 whereby
    the extradition of Fugitive Criminal/the Petitioner (hereinafter referred to as
    “Fugitive Criminal/FC”), was recommended and Union of India was
    directed to send the Petitioner to the requesting State, i.e. United Kingdom
    for facing trial for the offence of murder.

    SPONSORED

    2. Briefly stated, the Ministry of External Affairs, Government of
    India, vide its Letter bearing number T-413/91/2012 dated 14.07.2015
    requested for extradition of the FC, for inquiry into the allegations of
    commission of offence by the Petitioner/Kanwarjeet Singh Batth within the
    territory of UK.

    3. It is stated that there is an Extradition Treaty between Government
    of Republic of India and Government of UK of Great Britain and Northern
    Ireland, which was notified in the Official Gazette vide Order No. GSR 790
    (E) dated 13.12.1993.

    4. Allegations against the Petitioner were that he, along with Victim
    Opinderpal Randhawa, were amongst the group of six males who were
    celebrating the impending marriage of one of the members of the group, at a
    Flat 85, Elliman Avenue Slough, Berkshire, England. During the
    celebrations, Victim Opinderpal made a video call to his family in India and
    showed his family the company of people he was with. FC Kanwarjeet
    Singh Batth at that time, had a bottle of whisky in front of him which was
    visible in the video. An argument took place between the Victim and FC;
    other persons present in the flat intervened and separated the two.

    5. As per the allegations, the Victim tried to hit the FC with a bottle,
    but he went to the kitchen and returned back with a knife and stabbed the
    Victim. This single stab injury proved to be fatal and the Victim died. The

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 2 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    FC thereafter, fled from the scene, before the Police and the paramedics
    arrived.

    6. The extradition request was received from UK, which was
    considered by Government of India. The British High Commission also
    submitted a provisional Arrest Warrant, along with a Note Verbale No. CN-
    964/12 dated 06.12.2012, seeking extradition of Kanwarjeet Singh Batth,
    who was accused of murder.

    7. The Petitioner was arrested by Amritsar Police on 11.10.2014, on
    the warrants issued by Berkshire Court and detained in India, under Section
    41(1)(g)
    of the Code of Criminal Procedure, 1973. The allegations against
    him are of having committed a murder in UK and thereafter, having escaped
    to India. After arrest by Amritsar Police, the Petitioner was sent to judicial
    custody on 22.10.2014.

    8. As per Section 34(b)(2) of the Extradition Act, 1962 any fugitive
    arrested under sub-section (1), is entitled to be discharged if no request for
    his Surrender or Return is received, within 60 days from the date of arrest.
    No document has been placed on record, to show that any request from UK
    Government has been received for surrender or return of the Petitioner to
    UK, after his detention in India. After lapse of more than 60 days from the
    date of arrest of Petitioner, the learned ACMM on 23.12.2014, discharged
    the Petitioner from custody, in terms of Section 34(b)(2) Extradition Act
    1962.

    9. The FC, who was first arrested on 01.11.2014 by Amritsar Police,
    was released by the Court, because of the failure to submit Extradition
    Request.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 3 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    10. On 20.05.2015, British High Commission re-submitted the request
    for arrest and extradition of the Petitioner along with the introductory Note
    No. CH/384/15 dated 05.05.2015 and the revised Note Verbale., from CPS
    (Crown Prosecution Service).

    11. The request for extradition was accordingly, processed qua the FC
    for the allegation of murder, and an Order dated 14.07.2015 was issued
    under Section 5 Extradition Act 1962. Complaint Case No. 04/04/2015 was
    filed to seek extradition of the Petitioner/FC.

    12. In the Extradition proceedings before the learned ACMM, the Union
    of India in its evidence, summoned CW-1, Doctor Rajeev Ranjan who
    proved the documents received from the requesting State to make out a
    prima facie case. These documents were the Extradition Treaty, Ex. CW-
    1/1, Note Verbale dated 06.12.2012, Ex. CW-1/2 and all the other
    accompanying documents, Ex. CW-1/3. The Request dated 20.05.2015 for
    extradition received from Government of UK is Ex. CW-1/4. The spiral
    bound volume comprising of 113 pages of documents, accompanying the
    extradition request, is Ex. CW-1/5. The Domestic Arrest Warrant issued by
    Berkshire East Magistrate‟s Court is Ex. CW-1/6. The statement of Alistair
    Driver dated 06.03.2014 sworn before District Judge Magistrate‟s Court, is
    Ex. CW-1/7. The other documents are exhibited as Ex. CW-1/8 to CW-1/31.
    The witness was duly cross-examined by the Petitioner.

    13. The Petitioner examined in his defence, DW-1, Amanpreet Singh
    who deposed about the FC being a distant relative. He deposed that one of
    their friends, Bhupinderjit Singh, got engaged and was about to leave UK,
    and had called for a party. He further deposed about the entire incident,

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 4 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    exculpating the Petitioner. No other witness was examined on behalf of the
    Petitioner.

    14. The learned ACMM, on appreciation of the entire evidence,
    concluded that from the entire facts, circumstances and material in support
    of the Extradition Report and also the Extradition Treaty existing between
    UK and India, prima facie offence of murder was made out, which is an
    extraditable offence. The learned ACMM, therefore, recommended to
    the Union of India that the fugitive criminal be extradited to the United
    Kingdom to stand trial for the offence of murder.

    15. The Petitioner/FC has sought the quashing of this Final Order
    cum Inquiry Report dated 25.02.2019. According to him, the true facts as
    narrated in the Writ Petition, are that they all were having a party in the Flat,
    when the deceased had a Skype call with his family members in which the
    alcohol bottle, was visible. The Petitioner/FC became upset that now his
    family members would think that he was drinking and his image would be
    tarnished in their eyes, leading to heated arguments between him and the
    Opinder Pal/Victim, who became aggressive and angry, though the other
    friends tried to intervene in the quarrel. The Victim became so angry and
    aggressive, that he hit the FC, with a bottle. The FC ignored it and went into
    the kitchen and started cutting salad to have with the drinks, when suddenly
    the Victim came to the door of the kitchen and started abusing the Accused.

    16. The FC warned him to mind his behaviour and to stop abusing him,
    but the Victim got even more infuriated and in the heat of the moment, he
    turned and moved fast towards the FC, but unfortunately his foot slipped and
    he fell. The Victim got injured by the salad knife accidentally, on his own
    and the FC was not even aware of the injury accidentally caused to the

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 5 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    Victim, since he immediately thereafter, left the house to bring the normalcy
    in the situation.

    17. As per the Police, the other friends heard the commotion caused by
    the slipping of the Victim and went to the kitchen, where they found him
    lying injured. They took him to the hospital, in an ambulance.

    18. The Petitioner has claimed that he was innocent and has been
    falsely implicated in this case, as there was no ill motive or bad intention to
    hurt the Victim in any way, and he had already stopped the quarrel on the
    intervention of the friends.

    19. As per the Police Report, the Victim had a single injury in the
    abdomen and he was conscious, despite which no statement or dying
    declaration was recorded. It is claimed that it is a matter of record that four
    people were arrested, on the suspicion of murder. The Police recorded the
    statements of all these persons taken into custody, for a day. When some of
    their relatives came to meet them, then all the persons in custody changed
    their statements under their influence, to get released from the custody.

    20. It is asserted that at the time of incident, the victim was heavily
    drunk and he may have committed suicide, under the influence of alcohol.

    21. The Petitioner was not aware of any of this happening and of
    mishap which had taken place in the Flat. He went to the other friends‟
    house and stayed there for some time. Thereafter, the Petitioner came back
    to India and started residing with his mother and wife, at his home in
    Amritsar, Punjab.

    22. The Petitioner claims that he belongs to a socially respected family
    and takes care of them as a responsible person. He does not have any
    criminal history and he has never quarreled or had any fight in the society.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 6 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    23. The mother of the Petitioner is an old lady of about 65 years and is
    suffering from old age ailments. She has internal backbone injury, because
    of which she remains ill and needs the Petitioner to take care of her, in her
    old age.

    24. The Petitioner is a married man, who had got married about 03 years
    back and because of false implication in the above case, his wife has left
    him; he and his mother, are now living alone. The life of the Petitioner and
    his mother, has become miserable.

    25. The Petitioner asserts that an FIR has been registered against him on
    the ground of cruelty, on the complaint of his wife. He is facing a Divorce
    case against his wife, which is pending in the Amritsar, Punjab, India. He
    always remained in mental pressure of getting arrested and sentenced.

    26. The Extradition Inquiry Report has been challenged on the
    grounds that the Extradition Application under Section 5 Extradition Act
    before learned ACMM, has been filed under the signatures of the Counsel,
    who is not an authorized person; it is not signed by any Officer of MEA and
    it is also not authenticated. CW-1 has admitted that the request Application
    under Section 5 Extradition Act, shall be signed by the concerned Officer
    and also admitted that MEA did not have any document, under which
    authority had been given to the Counsel, for and on behalf of the Union of
    India.

    27. Further, CW-1 had stated that vide Note verbale, a request was
    received from MEA. He has also admitted that he cannot recollect whether
    he had received the original Arrest Warrants of FC, which he claimed to be a
    matter of record, but there is no original Arrest Warrant on record.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 7 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    28. It is further contended that no extradition of the Petitioner is
    required since as per Extradition Act, the trial can take place in India and the
    statements of UK Officers, can be recorded through video conferencing.

    29. CW-1 in his cross-examination dated 18.05.2017, stated that the
    request for Provisional Arrest of FC, Ex.CW-1/2 dated 06.12.2012 along
    with the enclosures, was made. He stated that only some covering Notes
    have been signed by the Magistrate, but not by the person making the
    Statement. There is no seal of the Court affixed on the aforesaid documents.
    The said documents are, therefore, not admissible before the learned
    ACMM.

    30. It is further asserted that the enquiry before the learned ACMM, was
    at par with the enquiry at the stage of charge, to ascertain whether prima
    facie case is made out against the FC, on the basis of facts and documents
    placed before the Court. However, the documents are self-contradictory and
    fail to make out a prima facie case.

    31. It is further contended that there is no evidence against the
    Petitioner. The Forensic Report is not incriminating since the fingerprints on
    the alleged murder weapon, i.e. the knife, did not match with fingerprints of
    the FC. There is no tenable evidence, even at this stage.

    32. Furthermore, there is no eye-witness and no forensic evidence
    produced, which could prima facie show the commission of the alleged
    offence of murder of Victim Opinder Pal Singh, by the FC.

    33. Moreover, the punishment for the offence under Section 302 IPC is
    death, for which Extradition is not allowed.

    34. It is submitted that Ex.CW-1/3, which is the case analysis/evidential
    issue, is not signed by any officer or authorized person; even all the Exhibits

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 8 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    are a photocopy, which could not have been exhibited. The Extradition
    Request dated 20.05.2013, Ex.CW-1/4, by British High Commission at New
    Delhi which forwarded the request for extradition along with the enclosed
    documents in support of the Arrest Warrant, is only photocopy and no
    original documents have been submitted. Ex.CW-1/5, Extradition request
    containing 113 pages, is not as per the United Kingdom Extradition Laws.

    35. The Arrest Warrant, Ex.CW-1/6 does not bear the seal or stamp of
    the Court. This Arrest Warrant of first instance alleging the offence of
    murder and containing the information laid before CW-1 on oath/affirmation
    by Detective Sergeant 1513 Clarke that the Accused had committed the
    offence and that Constable of Thames Valley Police was sent to arrest the
    Accused to be produced in the Court on 15.08.2012, was issued by Judge of
    Peace. However, the Statement of Sergeant 1513 Clarke, has not been filed.
    Moreover, the Warrant states that the information was laid before the Court,
    by Detective Sergeant 1513 Clarke, which is incorrect. The Statement of
    Alistair Driver, Ex.CW-1/7 is not supported by proper Statement.

    36. The Warrant of Arrest itself is defective and cannot be treated as a
    valid warrant of arrest. There is no evidence to prima facie establish that the
    murder was committed by the FC, on 28.12.2010. The Warrant is thus,
    without any evidence.

    37. The Statement of Lucy Nash dated 01.11.2013, Ex.CW-1/8 was
    made before the District Judge on 15.11.2015, which was allegedly to be
    made on 29.12.2010. The Statements of the witnesses in the prescribed form
    MG11 (T), as per law and said Form under the British Law, have been filed,
    but the Statement is not signed by the Detective Constable Lucy Nash,
    employed in the Thames Valley Police Station.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 9 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    38. She stated in her Statement that audio and Video interview of
    Bhupinder Jit Singh, the witness was recorded, who was arrested on
    suspicion of murder. It was stated that the entire interview was recorded
    audio and visually in the DVD, on 29.12.2010 to protect its integrity, in the
    presence of interpreter, Harminder Wadhwa and Solicitor Mr. Vij. It was
    also stated that Bhupinderjit Singh had read his Statement and signed,
    whereas the statement of Bhupinder Jit Singh, has not been produced along
    with the Extradition Request.

    39. Furthermore, the Statement of Lucy Nash in Form MGII(T) CW-1/8,
    is of three pages instead of two pages; and the Statement of CW-1/9, Samuel
    Natalie in Form MG11 (T), is of seven pages, in the same manner. The
    Statements of Imran Khan, Police Special Constable Ex.CW-1/11; Mr.
    Joanne Louise Hawkes Ex.CW-1/12; Ms. Rachael De-Caux; Ex.CW-1/13;
    the Statement of Christine Judith Frewer Ex.CW-1/14; Mr. Steven Sains
    Ex.CW-1/15; Mr. Robert Chapman, Consultant Forensic, Ex.CW-1/16; Mr.
    Pankaj Bhandari Ex.CW-1/17; Mr. Saran Gurpreet Singh Ex.CW-1/21; Mr.
    Benjamin William D‟ Avigdor Seifert Ex.CW-1/29; and of Mr. Bhupinder Jit
    Singh, are not appropriately signed by witnesses or any signature witness
    or any stamp or seal of the Court.

    40. Likewise, the documents, Ex.CW-1/18 to Ex.CW-1/20, and Ex.CW-
    1/26 to Ex.CW-1/30 and Ex.CW-1/31, Warrant of First Instant, do not bear
    the signatures of the witnesses or the stamp or seal of the Court.

    41. DW-1, Amanpreet Singh had given his Statement that after bottle was
    thrown by the deceased, he took FC with him outside the house and asked
    him to go somewhere, till the matter cooled. He also admitted that he did not
    find FC, when he came back and further stated that there was no chance for

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 10 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    him, to come back. He further stated that he did not sign the Statement as he
    knows little English.

    42. Except witness, Mr. Pankaj Bhandari, no one else was ready to join
    the trial in the United Kingdom and have not supported the case of the
    Prosecution. Mr. Pankaj Bhandari has also stated that he was not present at
    the time of incident. Likewise, Saran Gurpreet Singh did not support the
    case of the Prosecution. Dr. Chapman, RC Consultant Forensic also had a
    huge difference of opinion in giving opinion about the fingerprints of the FC
    matching the fingerprints on murder weapon.

    43. As per the Forensic Statement, huge content of alcohol was found
    present in the blood sample of the deceased.

    44. The sole relative of the FC in India, is the 65-year-old mother while
    his father died long back. She has filed an Affidavit before the Court
    showing her inability to produce other witnesses, as none is interested to
    come to the Court, to be a witness. All the persons were Hindi and Punjabi
    speaking, who had difficulty to understand the translation, without the
    original audio and video being produced.

    45. The Order dated 14.07.2015 of the Union of India, is not as per
    Section 17 Extradition Act and Rule 4 Extradition Rules. The FC had
    requested the Court, to provide him the assistance in providing the
    witnesses, but despite various Orders including the Bailable Warrants except
    one witness, none other appeared. No purpose of Extradition, has not been
    fulfilled. There is no prima facie case made out against the FC.

    46. Furthermore, in the present case, there was only one single blow and
    stab injury in the abdomen of the deceased, which establishes that the nature
    of injury was accidental and there was no motive to kill. At best, it can be

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 11 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    seen as a case of injury and not of murder. The deceased in fact, slipped and
    fell, which caused injury and he died because of delayed medical assistance.
    It is evident that it is a case of death due to accident/negligence/Suicide and
    is punishable under Section 304A of the Indian Penal Code, 1860
    (hereinafter referred to as “IPC“), for which maximum punishment is two
    years.

    47. Moreover, the deceased was involved in other crimes, and his wife in
    the United Kingdom, had filed Criminal Cases against him. He was fed up
    with his life and committed suicide, despite which motivated allegations of
    murder, have been filed against the FC, just to get the compensation from
    the United Kingdom Government, as no such compensation was payable in
    case of suicide. Approximately Rs.1 Crore INC, has been received by the
    mother of the deceased and.

    48. Ramu Valia, Minister of Punjab is having close link in the United
    Kingdom, who is pursuing the matter, being the brother-in-law of the mother
    of the deceased.

    49. It is submitted that he never tried to flee from the reach of law and
    never hid himself during the Interim Bail and he never tried to break the
    Law. The FC is in custody for more than 41 months. The Applicant‟s case
    for Extradition, is still pending Order of the Ministry and the Court is yet to
    take a view whether the circumstances justify Extradition. Moreover, the
    Applicant was not been given adequate legal services.

    50. The Petitioner has thus, made a prayer that the Enquiry Report dated
    25.02.2019 given by learned ACMM in Complaint Case bearing CC No.
    04/04/2015 whereby his Extradition request of the United Kingdom has been
    allowed, be quashed.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 12 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    51. Status Report has been filed on behalf of the State wherein it is
    submitted that the proceedings arose from the Request received from the
    Government of the United Kingdom, for Extradition of the FC having
    committed the offence of murder. The Enquiry under Section 5 Extradition
    Act, was held by learned ACMM. The Petitioner was arrested in January,
    2015.

    52. Learned ACMM vide Order dated 25.02.2019 submitted the Report
    under Section 5 Extradition Act, wherein it was recommended that the
    Petitioner be extradited to the United Kingdom.

    53. W.P.(Crl.) No. 1188/2019 was filed by the Petitioner, to challenge the
    Report of the learned ACMM, which is still pending. He had given his
    written representation on 06.04.2019 against the recommendation of learned
    ACMM, which was considered by the Respondent, but was rejected vide
    Order dated 22.04.2019.

    54. W.P. (Crl.) No. 1188/2019 was amended to challenge the Order dated
    22.04.2019. The Respondent had communicated the legal challenge to the
    Extradition proceedings to the British High Commission and requested for
    the names along with the Passport particulars and travel schedule of the
    officials, who would escort the FC to the United Kingdom, be
    communicated. However, on account of pendency of this Writ Petition, no
    personnel for escorting the Petitioner to the United Kingdom, has been sent.

    55. The Petitioner has filed his Written Arguments wherein he has
    essentially reiterated the grounds taken in his Petition.

    56. Written Arguments have been filed on behalf of the
    Respondent/Union of India (UOI) wherein it has been stated that the
    Extradition Treaty between the Government of the Republic of India and the

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 13 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    Government of United Kingdom of Great Britain and Northern Ireland, has
    been notified in the Official Gazette vide Order No. GSR 790 (E) dated
    13.12.1993. Article 9 of the Treaty provides for Extradition. after a thorough
    enquiry, a prima facie offence of murder was made out against the Petitioner
    and the Extradition request for the United Kingdom, has been allowed.

    57. The request for Extradition was received from the United Kingdom in
    a spiral binding, duly sealed, which is not disputed; any documents,
    contained therein are deemed to be properly authenticated.

    58. The perusal of the depositions and the documents, clearly establish
    that they were duly signed and authenticated, within the meaning of the
    Sections under the Act. The Statements of the witnesses carry Certificate of
    authentication by the learned Judge, which gives the name of each witness,
    depositions on Oath and the date and the time on which the Statements were
    made. The contents are true to the best of their knowledge and belief.

    59. The Application under Section 5 Extradition Act dated 12.08.2015,
    was accompanied by the Order dated 14.07.2015 of Under Secretary
    Government of India wherein MEA, after being satisfied on the basis of
    material submitted by the United Kingdom, appointed SSP, Union of India,
    to file an Application under Section 5 Extradition Act. The Enquiry into the
    Extradition proceedings, was commenced and the Application is not bad in
    law.

    60. Furthermore, there is no requirement in Extradition Act that the
    original Arrest Warrant must be attached, along with the request. Section
    10(2)
    of the Extradition Act provides for authentication of Warrants, which
    are purported to have been issued or taken by the Court of Justice, outside
    India. The Warrant, Ex.CW-1/6 is signed by Justice of Peace, Mr. Edward J.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 14 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    Wilkins and is accompanied by a Certificate dated 12.05.2015 of Julian
    Gibbs, Extradition Section – Home Office, certifying that the signature on
    the Arrest Warrant dated 15.08.2012, is that of Mr. Edward J. Wilkins.

    61. The mere fact that there is no Statement of Sergeant 1513 Clarke,
    does not vitiate the Arrest Warrant. The requirement that a Warrant should
    be authenticated and signed by the Judge, Magistrate or the Officer of the
    State, is duly satisfied in the present Extradition proceedings. The Enquiry
    Report covers the reasons for the prima facie case against the Petitioner.

    62. In Sarabjit Rick Singh vs. UOI, (2008) 2 SCC 417, the Supreme Court
    of India had held that the Extradition proceedings, no witness is to be
    examined for establishing the allegation and the meaning of evidence has to
    be considered keeping in view the tenure of the Act; no formal trial is to be
    held. The documents, depositions furnished on record along with the Post
    Mortem Report and the Forensic evidence during the Enquiry, prima facie
    shows the involvement of the Petitioner, in the offence of murder. The
    grounds of challenge raised in the present Petition, are not tenable.

    63. Short Affidavit has been filed on behalf of the Ministry of
    External Affairs, wherein the facts of the case have been reiterated and
    averments are on similar lines as that of the Union of India.
    Submissions heard and the record perused.

    64. The present Writ Petition seeks quashing of an Inquiry Report dated
    25.02.2019 of the learned ACMM, recommending extradition of the
    Petitioner to UK for trial for the offence of murder.

    Scope of Judicial Review in Extradition Proceedings:

    65. At the outset, it is essential to delineate the scope of judicial review in
    extradition proceedings under the Extradition Act, 1962.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 15 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    66. The Apex Court in Sarabjit Rick Singh vs. UOI, (2008) 2 SCC 417,
    has clearly laid down that extradition proceedings are not akin to a formal
    trial. It has laid down the parameters of an inquiry to be conducted by the
    Magistrate under the Extradition Act:

    (i) The Magistrate has to arrive at a prima facie
    finding whether the offence for which extradition is
    sought is of a political character or is otherwise an
    extraditable offence or not.

    (ii) No formal trial is required to be held for
    determining the guilt of the fugitive criminal. Only a
    report is required to be made.

    (iii) In terms of Section 10 of the Extradition Act,
    exhibit and depositions as also copies thereof, duly
    authenticated can be received in evidence.

    (iv) Strict formal proof of evidence is not required.

    While conducting the inquiry, the court may presume
    that the contents of the document would be proved.

    67. In the case of Majibullah Mohammad Haneef vs. Union of India,
    (2023) 6 HCC (Del) 552 : 2023 SCC OnLine Del 7334, the Court made a
    reference to Sarabjit Rick Singh, and held as under:

    ” 14. From a reading of the above, it can be stated that the
    standard of proof in an inquiry in an extradition case is not
    of the same level as that required in a trial. This is because
    the scope of the inquiry is only to come to a prima facie
    conclusion and not to establish the actual guilt of the FCs”.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 16 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    68. From the aforesaid, it emerges that the inquiry envisaged under
    Section 5 of the Extradition Act has to examine the following five aspects,
    namely:

    (i) Whether a Request for Extradition, has been validly
    made, under the Extradition Act?

    (ii) Whether the offence for which the extradition is
    sought is a political offence?

    (iii) Whether the offence involved is an extraditable
    offence?

    (iv) Whether the extradition request and documents
    received are duly authenticated?

    (v) Whether a prima facie case exists against the
    FC?

    69. The present case may, thus be considered on the abovementioned
    parameters, while keeping in mind that the inquiry in the Extradition case, is
    not of the same level as that required in a trial and only it is to be considered
    if a prima facie case of guilt of the accused, is established.

    I. Validity of the Extradition Treaty and Request:

    70. The foundation of any extradition proceedings, is the existence of a
    valid extradition Treaty between the requesting State (UK) and India. In the
    present case, there exists an Extradition Treaty between the Government of
    the Republic of India and the Government of the United Kingdom of Great
    Britain and Northern Ireland, which was notified in the Official Gazette vide
    Order No. GSR 790(E) dated 13.12.1993. This Treaty has been duly proved

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 17 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    as Ex. CW-1/1. Article 9 of the Treaty provides for extradition procedures.
    The existence and validity of this Treaty, has not been disputed by the
    Petitioner.

    71. The request for extradition was initially made vide Note Verbale dated
    06.12.2012 seeking provisional arrest of the Petitioner. Subsequently, a
    formal extradition request dated 20.05.2015 along with accompanying
    documents, was again submitted by the British High Commission.

    72. The Petitioner was arrested on 01.11.2014 but was released on
    23.12.2014 in terms of Section 34(b)(2) of the Extradition Act, as no request
    for surrender was received within 60 days of arrest. However, this does not
    vitiate the subsequent proceedings initiated pursuant to the formal
    Extradition Request dated 20.05.2015, along with a revised Note Verbale.

    73. The Extradition proceedings, were thus, duly commenced on the
    formal request by British High Commission, on a Request dated 20.05.2015,
    in accordance with the Extradition Act.

    74. The Petitioner has further contended that the Application under
    Section 5 Extradition Act, is not authenticated and is not signed by any
    officer of the Ministry of External Affairs, but only by the Counsel/SPP.

    75. The record shows that the Application under Section 5 dated
    12.08.2015, was accompanied by an Order dated 14.07.2015 of the Under
    Secretary, Government of India, Ministry of External Affairs, Ex.CW-1/31.
    This Order records that the MEA, after being satisfied on the basis of
    material submitted by the United Kingdom, appointed the SSP of Union of
    India, to file an Application under Section 5 Extradition Act.

    76. The appointment of Counsel by the authorized officer, to file the
    Application on behalf of UOI, is a matter of procedure. What is material at

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 18 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    this stage is, that the decision to initiate extradition proceedings was taken
    by the Competent Authority i.e. the Ministry of External Affairs. The filing
    of the Application through Counsel pursuant to such authorization, does not
    render the Application under Section 5, as invalid.

    II. Whether the offence for which the extradition is sought, is a
    political offence?

    77. Article 5(2) of the Treaty provides for the offences which shall not be
    regarding as offences of a political character, wherein Sub-Clause (e)
    includes the offence of murder.

    78. The facts of this case, reflect that the alleged murder was an outcome
    of a brawl amongst the friends. There is nothing to suggest that the offence
    for which the Petitioner is charged i.e. murder, is in the nature of a political
    offence. Additionally, no submissions in this regard have been made on
    behalf of the Petitioner before this Court.

    79. The offence is a simple case of murder with no political overtones.

    III. Whether the offence is an extraditable offence or not?

    80. Section 2(c) Extradition Act defines an “extradition offence” in
    relation to a foreign State as an offence provided for in the extradition
    Treaty with that State. It is reproduced as under:

    Section 2 (c) “extradition offence” means―

    (i) in relation to a foreign State, being a treaty State, an
    offence provided for in the extradition treaty with that State;

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 19 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    (ii) in relation to a foreign State other than a treaty State
    an offence punishable with imprisonment for a term which
    shall not be less than one year under the laws of India or of
    a foreign State and includes a composite offence”

    81. The Extradition Treaty between the Government of the Republic of
    India and the Government of the United Kingdom of Great Britain and
    Northern Ireland was notified in the Official Gazette vide Order No. GSR
    790(E) dated 13.12.1993, Ex. CW-1/1. Article 2 of the Treaty defines
    “extradition offences” as an offence for the purposes of this Treaty is
    constituted by conduct which under the laws of each Contracting State is
    punishable by a term of imprisonment for a period of at least one year.

    82. Thus, the fundamental requirement is that the conduct constituting the
    offence must be criminal under the laws of both the requesting State (United
    Kingdom) and the requested State (India), and must be punishable with a
    minimum period of imprisonment, as specified in the Treaty.

    83. In the present case, the offence alleged against the Petitioner is
    murder. The Arrest Warrant, Ex. CW-1/6 issued by the Berkshire East
    Magistrate‟s Court specifically charges the Petitioner with the offence of
    murder. The offence of murder is punishable in both India and UK with a
    punishment of more than one year imprisonment. In India, offence of
    murder is punishable for imprisonment for life or death, and is also liable to
    fine. Similarly, under UK law, murder carries a mandatory sentence of life
    imprisonment, minimum term to be served in prison, before parole
    consideration. The offence of murder is therefore, an extraditable offence as
    per the extradition Treaty.

    84. It is pertinent to note that the Petitioner has raised a contention that
    the incident, can be characterized as accidental death or death due to

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 20 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    negligence, and that at best it is a case punishable under Section 304A IPC
    (causing death by negligence), which provides for maximum punishment of
    two years imprisonment. It is contended that there was only one single blow
    and stab injury, which establishes that the nature of injury was accidental,
    that there was no motive to kill and that the victim slipped and fell, causing
    the injury.

    85. However, the said argument is not tenable. The characterization of an
    offence for purposes of extradition, is based on the allegations made by the
    requesting State, not on the defence put forward by the FC. The Arrest
    Warrant specifically mentions the offence of murder.

    86. Furthermore, as discussed above, the scope of inquiry at the
    extradition stage, is limited to determining whether a prima facie case exists
    for the offence alleged. It is neither in the domain of the Magistrate
    conducting the Extradition Inquiry, nor of this Court, to evaluate competing
    versions of facts and determine which offence is more probable.

    87. The learned ACMM was therefore, correct in proceeding with the
    Extradition Inquiry and in concluding that the offence was extraditable.

    IV. Whether the Extradition Request and Documents received, are duly
    authenticated?:

    88. The Petitioner has raised extensive objection regarding the
    authentication of various documents submitted in support of the extradition
    request. It was contended that several documents are photocopies, lack
    proper signatures, do not bear court seal, and are therefore, inadmissible.

    Section 10 of the Extradition Act, reads as under:

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 21 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    Section 10. Receipt in evidence of exhibits depositions
    and other documents and authentication thereof.―
    (1) In any proceedings against a fugitive criminal of a
    foreign State 1 * * * under this chapter, exhibits and
    depositions (whether received or taken in the presence of
    the person against whom they are used or not) and copies
    thereof and official certificates of facts and judicial
    documents stating facts may, if duly authenticated, be
    received as evidence.

    (2) Warrants, depositions or statements on oath, which
    purport to have been issued or taken by any court of
    Justice outside India or copies thereof, certificates of, or
    judicial documents stating the facts of conviction before
    any such court shall be deemed to be duly authenticated
    if―

    (a) the warrant purports to be signed by a judge,
    magistrate or officer of the State 1 * * * where the same
    was issued or acting in or of such State 1 * * *;

    (b) the depositions of statements or copies thereof
    purport to be certified, under the hand of a judge,
    magistrate or officer of the State 1 * * * where the same
    were taken, or acting in or for such State 1 * * *, to be
    original depositions or statements or to be true copies
    thereof, as the case may require ;

    (c) the certificate of, or judicial document stating the
    fact of, a conviction purports to be certified by a judge,
    magistrate or officer of the State 1 * * * where the
    conviction took place or acting in or for such State ;

    (d) the warrants, depositions, statements, copies,
    certificates and judicial documents, as the case may
    be, are authenticated by the oath of some witness or by
    the official seal of a Minister of the State 1 * * * where
    the same were 2 * * * issued, taken or given.”

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 22 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    89. Section 10(2) provides that a warrant purporting to have been signed
    by a Judge, Magistrate or officer of a foreign State, shall be admissible in
    evidence, if authenticated by the oath of a witness or by being sealed with
    the official seal of the Minister of the foreign State.

    90. In the present case, the extradition Request was received from the
    UK duly sealed, in a spiral bound volume. The Respondent has specifically
    averred that documents contained in such sealed spiral binding, are deemed
    to be properly authenticated.

    91. The Arrest Warrant, Ex. CW-1/6 is signed by Justice of Peace, Mr.
    Edward J. Wilkins, and is accompanied by a Certificate dated 12.05.2015 of
    Julian Gibbs of the Extradition Section – Home Office, certifying that the
    signature on the Arrest Warrant is that of Mr. Edward J. Wilkins. This
    satisfies the requirement of authentication under Section 10(2) of the Act.

    92. Furthermore, the statements of all the witnesses, carry Certificates of
    authentication by the learned Judge, giving the name of each witness,
    depositions on oath, and the date and time on which statements were made,
    certifying that the contents are true to the best of their knowledge and belief.

    93. Thus, the statements/Documents have proper authentication of the
    learned Judge. CW-1 has proved these documents which have been
    exhibited during the course of inquiry. The mere fact that some covering
    notes were signed by the Magistrate, but not by the person making the
    statement, does not vitiate the authentication when the substantive
    statements, are duly authenticated.

    94. The contention of the Petitioner that the Documents relied upon by
    the learned ACMM, were not duly authenticated, is without merit.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 23 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    V. Whether a prima facie case exists against the FC?

    95. Before delving into the facts and circumstances of the present case, it
    is imperative to note that the threshold for establishing a prima facie case in
    Extradition proceedings, is significantly lower than the standard of proof
    beyond reasonable doubt, required for conviction in a criminal trial.

    96. The purpose of this limited Enquiry, is to prevent abuse of the
    extradition process by ensuring that extradition is not sought on frivolous or
    baseless allegations, while at the same time ensuring that the Enquiry does
    not become a mini-trial, that defeats the very purpose of extradition.

    Sequence of Events:

    97. The incident occurred on 28.12.2010 at Flat 85, Elliman Avenue,
    Slough, Berkshire, England. According to the material on record, the
    Petitioner, Kanwarjeet Singh Batth along with the Victim, Opinderpal
    Randhawa were amongst a group of six males, present at the house during
    the incident.

    98. The material on record includes the statements of the police
    personnel, the eye-witnesses, forensic experts and paramedics, all which
    have been duly authenticated in accordance with Section 10 Extradition Act,
    and constitute as admissible evidence.

    99. The case of the Prosecution, as it emerges from the statement of three
    eye witnesses namely, Pankaj Bhandari, Gurpreet Singh Saran and
    Bhupinderjit Singh and also the defence witness, Amanpreet Singh, is that
    witness, Bhupinderjit Singh was to get married on 16.01.2011 in India and
    was to leave for UK for India on 30.12.2010. On 28.12.2010, a party was

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 24 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    organized for him, by his friends, to celebrate his wedding and leaving the
    country. Approximately, at about 3:30 PM, Opinderpal Randhawa (Victim),
    Kanwarjeet Singh Batth (Petitioner), Amanpreet Singh, Pankaj Bhandari and
    Gurpreet Singh Saran assembled in the flat. Opinderpal Randhawa (Victim)
    made a call and talked to Bhupinderjit‟s father, Sardar Daljit Singh in India
    on the mobile phone. He also talked to his own father, on landline. Gurpreet
    Singh Saran also spoke to Sardar Daljit Singh and told him that all of them
    were very happy for Bhupinderjit‟s wedding and were enjoying the party.

    100. After talking to Bhupinderjit‟s father, he handed Bhupinderjit the
    phone and made a video Skype call on his laptop and talked to his mother
    and brother, in India. There was a bottle of whisky, which was visible on the
    Skype call. Apparently, a screen photo was taken by either the mother or the
    brother of the Victim, which was noticed by the Petitioner/Kanwarjeet Singh
    Batth. He got upset that this picture may be seen by his family members in
    India and may create an embarrassment for him.

    101. He consequently confronted Opinderpal and questioned him, if any
    photo has been clicked. Opinderpal then called his mother back, who
    confirmed that a photo had been taken. Opinderpal got upset that
    Kanwarjeet had questioned his mother. This led to an altercation between
    Opinderpal and the Petitioner, in which Opinderpal threw the alcohol bottled
    at Kanwarjeet, though it smashed against the wall. Heated arguments took
    place between them and there was also some kind of assault. They were
    separated by the other persons/witnesses present in the room.

    102. Till this time, there is no dispute or controversy and the backdrop of
    the incident of what transpired till then, is consistently deposed by the eye-

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 25 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    witnesses, namely, Pankaj Bhandari, Gurpreet Singh Saran, Bhupinderjit
    Singh and the defence witness, DW-1, Amanpreet Singh.

    103. According to the eye-witnesses, namely, Pankaj Bhandari, Gurpreet
    Singh Saran, Bhupinderjit Singh, the matter got pacified and the Petitioner
    went to the kitchen for cutting the salad to eat with drinks. After some time,
    it was found that Opinderpal had a single stab injury in his abdomen and
    was almost fainting.

    104. The incident which is the subject matter of the present Petition,
    happened thereafter. According to the Prosecution, on account of this brawl
    which took place between Opinderpal (Victim) and Kanwarjeet Singh
    (Petitioner), the Petitioner went into the kitchen and brought a knife and
    stabbed the Victim in his abdomen with the knife. Now, in order to
    establish, prima facie, that the stabbing had been done by the Petitioner, the
    Prosecution has relied on three eye-witnesses.

    105. The first witness is Pankaj Bhandari, who was present in the Flat at
    the time of the incident. In his statement, Ex. CW-1/16, he stated that he
    was in the bathroom when he heard fight like noises of his friends, which
    seemed like an aggressive fight like atmosphere. While in the bathroom, he
    heard „Stop fight‟ „Stop them‟. He believed that that those were Bhupinder‟s
    voice. When he came out from Bathroom, he had glanced through the room
    and saw Opinder sitting on a sofa.

    106. He further stated that he saw Gurpreet standing outside the room and
    heard him asking for an ambulance. Gurpreet told him that Opinder has been
    hurt. He could not see Kanwarjeet, in the house. Thereafter, he saw that
    Opinder, Aman and Bhupinder were standing alongside, but did not see
    Kanwar (FC), at this time. During that time, Kanwarjeet had called him on

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 26 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    his mobile and asked if the Ambulance had arrived, but Kanwarjeet had not
    told him about his whereabouts and since that day, they haven‟t met.

    107. From the testimony of this witness, Pankaj Bhandari, it emerges that
    while he was a witness to the brawl and the fight between Opinderpal and
    the Petitioner, but as per his statement, he did not see the actual incident of
    stabbing, as he was inside the bathroom at the relevant time. His
    testimony, even if accepted in toto, does not help the Prosecution‟s case, as
    he as per his statement, did not see the actual incident of stabbing.

    108. Gurpreet Singh Saran was the second eye-witness, who in his
    statement, Ex. CW-1/17 deposed that an argument started between Opinder
    and Kanwarjeet Singh, but he did not see what exactly had happened. He
    stated that he had turned his back and after sometime he heard somebody,
    telling Opinder, “No Opinder don’t hurt Kanwarjeet Singh, don’t hit
    Kanwarjeet Singh with the bottle”.

    109. He saw that Opinderpal was holding the whiskey bottle, and he was
    ready to hit Kanwarjeet, who was lying on the sofa with Gurpreet.
    Amanpreet Singh was also there with Kanwajeet Singh and Bhupinderjit
    Singh. Bhupinderjit was standing near the cupboard with Pankaj Bhandari.
    He further explained that as Opinderpal came near to him and tried to hit,
    Gurpreet got up and tried to hold his arms from both sides, to stop him from
    hitting the Petitioner, with the bottle. Opinderpal suddenly pushed Gurpreet
    with all his force and energy and Gurpreet was pushed aside and he hit
    Kanwarjeet with the bottle, but he did not exactly remember, if it was his
    face or head.

    110. Gurpreet Singh Saran, stated further that he just walked away from
    the room and went outside the house and stood there. Then after around 45

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 27 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    seconds or a minute, when somebody from inside called him, he rushed
    inside and saw blood coming from the Opinderpal/Victims‟s Tee shirt.

    111. He further stated that before the police officer came, Kanwarjeet was
    in the room. He was saying to Opinderpal, „I am your brother, be with me,
    nothing‟s going to happen, I love you so much‟ … I saw Kanwarjeet Singh
    with a swollen face, below his eye, it was swollen and bleeding… After that
    I did not see Kanwarjeet. I do not know where he has gone.”

    112. Gurpreet Singh Saran, was the person who called the Ambulance.
    He stated that he called the ambulance and informed them that an incident of
    stab in the stomach had taken place in a fight and that everything was under

    control. In the meanwhile, Police officers came. The lady officer told them
    to get Opinderpal (Victim) off the sofa and lay him in the recovery position.
    Opinderpal (Victim) was accordingly, laid by him and Bhupinderjit Singh
    on the floor.

    113. Pertinently, according to this witness, he had stepped out of the Flat,
    after the matter was pacified, and came inside when called by someone and
    then he found the Victim in the injured condition. His statement shows that
    he was not present at the time of alleged incident of stabbing and did not
    depose about the manner in which the victim got stabbed/injured.

    114. From the testimony of Gurpreet Singh Saran also, it emerges that he
    had not seen the actual incident happening. He had merely seen Kanwarjeet
    telling the Victim that nothing would happen to him but beyond that there is
    not a whisper about the actual incident of stabbing. Even if his entire
    statement is accepted, it does not help the Prosecution‟s case, as he did not
    see the actual incident.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 28 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    115. The third eye-witness, Bhupinderjit Singh, in his Statement Ex.
    CW-1/29 deposed that the Petitioner said to the Victim that the Victim‟s
    mother has taken his photo, to which the Victim‟s brother said that he took
    the Petitioner‟s photo. The Victim then became upset and angry as to why
    Kanwarjeet had accused his mother of taking a picture. This got escalated
    and Victim raised his hand on Petitioner. They tried to separate them, but the
    Petitioner and the Victim started swearing and hitting at each other. During
    the fight, everything was smashed, including the glass bottles. At this point,
    he deposed that he did not see any weapon with either of them, but
    remember that he saw that both of them were trying to grab the bottle of
    whisky. Opinderpal got hold of the bottle and tried to hit Kanwarjeet with it,
    but the bottle hit against the wall and smashed into pieces.

    116. He further deposed, “Kanwarjeet then left the bedroom and went to
    the kitchen, he was very angry and Opinderpal was like going after him,
    Kanwarjeet then came back to my bedroom entrance and I don’t know in
    which of his hand but he had a knife in one of his hand. I did not see that
    where he got this knife from or where is the knife now. It was black in
    colour and the blade was white or silver. The whole knife was one inch
    longer than the CD‟s case. At this point, Opinderpal was not holding
    anything … I was at the back of the room and was standing by the side of the
    cupboard and could not see clearly what happened next. I could see that
    Opinderpal and Kanwarjit were facing each other by the other side of the
    cupboard, then I saw that Opinderpal moved slightly on the side and I could
    see him. Initially, I didn’t realised if something was wrong, but Opinderpal
    became tired and then I saw a little bit blood on his T-shirt by the stomach

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 29 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    area. After that I don’t know where Kanwarjeet went to as I could see that
    my friend was ill.”

    117. It was only Bhupinder who deposed in detail about the incident. His
    testimony establishes that (a) the Petitioner left the bedroom and went to the
    kitchen; (b) he was “very angry” when he did so; (c) the Victim was “like
    going after him” suggesting pursuit or continued confrontation; (d) the
    Petitioner returned from the kitchen area to the bedroom entrance; (e) when
    he returned, he had a knife in his hand; (f) the knife was black-handled with
    a white or silver blade; (g) at this point, the Victim was not holding
    anything.

    118. However, critically, Bhupinderjit Singh admits that he was standing at
    the back of the room by the side of the cupboard and “could not see clearly
    what happened next”. He states that the two men were facing each other on
    the other side of the cupboard, obstructing his view. He only noticed
    subsequently that the Victim had blood on his T-shirt in the stomach area,
    but did not witness how the injury was caused.

    119. Thus, while Bhupinderjit Singh‟s testimony establishes that the
    Petitioner was holding a knife and that shortly thereafter the Victim was
    found to have a stab wound, but asserts that he could not see Opinderpal and
    Kanwarjeet Singh at that time from the place where he was standing and did
    not witness the actual incident of stabbing, allegedly done by Kanwarjeet
    Singh.

    120. The critical link – that the Petitioner actually stabbed the Victim with
    the knife still remains a matter of inference and conjecture, with no direct
    evidence. In the absence of any witness who actually saw the Petitioner stab

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 30 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    the Victim, the Prosecution‟s case rests entirely on circumstantial evidence
    and the proximity of events.

    121. From the testimony of the three eye-witnesses on which the
    Prosecution‟s case rests, it cannot be said that any one of them supported the
    Prosecution‟s case in regard to the actual stabbing of Opinderpal by
    Kanwarjeet Singh. Even if their testimony in toto is accepted, it is not
    sufficient even prima facie to establish a case of murder against the
    Petitioner.

    122. DW-1 Amanpreet Singh, though examined by the Petitioner, was
    also present at the time of the incident. He, in his Statement, Ex.DW-1/X1,
    explained about the precursor events, about which there is no challenge. He
    further deposed that on account of picture taken by the mother/brother of the
    victim, during the skype call, which irked the petitioner, he confronted
    Opinderpal that his mother had taken his picture and she would defame his
    name in India. Hearing this, Opinderpal started fighting with Kanwarjeet
    Singh.

    123. Opinderpal knocked Kanwarjeet Singh with his fist, on his face. The
    other friends tried to intervene, to separate both of them. Amanpreet moved
    Kanwarjeet away from Opinderpal, to a corner. At the same time, other
    friends caught hold of Opinderpal. However, Opinderpal picked the empty
    bottle of whisky and threw it towards Kanwarjeet Singh. The bottle hit the
    heating radiator, affixed on the wall.

    124. DW-1, in order to make peace, took Kanwarjeet Singh outside the
    house. DW-1 asked him to go somewhere so that he could get cooled
    down, while Opinderpal could calm down in the house. At this time,

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 31 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    Amanpreet received a telephonic call which lasted around 5-7 minutes, after
    which he returned to the Flat, where the party was being held.

    125. DW-1 saw Gurpreet Singh asking Opinderpal to be seated on the
    sofa. Upon inquiry from Gurpreet about the condition of Opinderpal,
    Amanpreet was informed that he had received injuries. Gurpreet thereafter,
    called the ambulance. The concerned officials of the Ambulance directed
    Gurpreet to ensure that Opinderpal does not faint, by making him lay on his
    stomach. He went out of the house again to lookout for the Ambulance,
    which arrived after 5-7 minutes.

    126. Thus, what emerges from the statement of DW-1 as well, is that he
    also was unable to state as to who had stabbed the victim.

    127. The Petitioner‟s own version attempts to provide an alternative
    explanation. He claims that he asked the victim to stop abusing him, but “the
    Victim got even more infuriated and in the heat of the moment, he turned
    and moved fast towards the FC, but unfortunately his foot slipped and he
    fell. The Victim got injured by the salad knife accidentally on his own.”

    128. This version may appear improbable, it cannot be conclusively ruled
    out in the absence of any eye-witness who actually saw what transpired
    between the two men.

    129. At the prima facie stage in extradition proceedings, while the standard
    of proof is lower than that required for conviction, there must still exist
    credible material which, if believed, would establish the commission of the
    offence. The question is whether the materials on record, taken at their
    highest, establish that the Petitioner stabbed the Victim with the intent of
    murder.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 32 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    130. In the present case, not even one single witness actually saw the
    Petitioner stab the Victim. The consistent account that emerges from the
    testimony of all three witnesses, is that the Victim sustained a wound to his
    stomach area that was bleeding; that he was in pain, and that emergency
    services were called. All three witnesses state that the Petitioner was not
    present, when the injury was discovered. None of these witnesses saw the
    act of stabbing itself, which is most germane to the charge of murder.

    The Medical and Forensic Evidence:

    The Prosecution had also relied on medical evidence.

    131. Christian Judith Frewer, Ambulance Technician, in his Statement
    Ex. CW-1/13, deposed that at 18:33 hours, they were made aware of a call
    that informed them that someone had been assaulted. The incident number
    was 082228/12/10. They made their way to the scene of incident but the
    control room had told them to hold off until the police were at the scene. He
    said that he arrived at the scene that 18:59 hours when the police were there.
    As they drove down, Elliman Avenue, they located the scene and two Asian
    males came running over to the Ambulance and telling them to hurry up. He
    stated that he had to turn the Ambulance around, and then they went to the
    scene of the incident.

    132. He stated that they shortly arrived at the hospital where the injured
    male, was handed over to the doctor and nurse at A&E. at the property,
    although they were there for less than 10 minutes in total, he deposed that
    the Males did not say anything out of the ordinary to them and they
    appeared to be worried. He also described the two Males who had come up
    to the van, when they had first arrived at the scene.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 33 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    133. Stephen Sains, Paramedic, in his statement CW-1/14, was on duty
    along with Christian Judith. He deposed that at 18:31 hours, they were
    called to go to the scene of incident, but were told to wait by the Control
    Centre. He stated that they walk to the scene, which has a room to the left as
    they go through the front door. There was a police sergeant there and also
    two Asian males. The patient was flat on his back on the floor. He stated that
    he knew this male to be called the Victim, Opinder Singh Randhawa. He got
    these details from one of the two Asian males over there. He also passed
    Steven a piece of paper with the date of birth, which was 08.07.87. He stated
    that the Male was very agitated with his conscious level being at 11, when
    the normal is 15.

    134. Stephen Sains further stated that the Victim‟s shirt was lifted up and
    he could see a small phone which was to his belly button, small incision and
    there was either body fats or bowels showing through. He dressed the wound
    and his colleague fetched the trolley from the ambulance. He stated that he
    noticed there was some broken glass on the floor but he could not tell what
    this glass came from. There was also vomit, on the table in the room.

    135. He further stated that one of the Asian males whose name he could
    not remember, told him that the patient had been drinking all day and had
    fallen on some glass. When his colleague returned, they loaded the Male in
    the ambulance and stayed with him, while his colleagues drove. He stated
    that the patient went into cardiac arrest, on the way to the hospital. However,
    they continued working on him until the hospital staff took over.

    136. Joanne Louise Hawkes, Ex. CW-1/11, Nursing sister deposed that
    she was on her shift duty on 28.12.2010, at 07:00 hours at the Wexham Park
    Hospital, Berkshire. At about 19:30 hours an Asian male, the victim with an

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 34 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    “abdomen” wound, was brought into the trauma bay as he was in cardiac
    arrest. The victim was pronounced dead, at 19:52 hours. At 20:04 hours,
    she seized his clothes and put them in a brown paper bag, for the police.

    137. Rachael De-Caux, Accident and Emergency registered medical
    practitioner, in her Statement Ex. CW-1/12, stated that she was employed
    as special Registrar in the Emergency Department of Wexham Park
    Hospital, Berkshire. She had examined the victim at 19:30 hours, on
    28.12.2010. He was a 23-year-old man and the history surrounding his
    injuries, was difficult to obtain. She stated that allegedly, he had been
    drinking and fell on to a piece of glass leading to an abdominal wound. The
    Ambulance crew informed them that he was combative on their arrival and
    on movement of the patient to the Ambulance, he suffered a pulseless
    electrical activity arrest (PEA). Thereafter, he vomited profusely in the
    Ambulance and arrived in the Emergency Department in cardiac arrest. She
    further stated that she had no knowledge of his prior medical history or any
    medication. He was intubated, received blood, fluid resuscitations and five
    cycles of cardiac resuscitation. Throughout this time and despite drug
    intervention, he remained in PEA arrest.

    138. Examination of the Victim‟s chest revealed no injuries and good air
    entry with intubation and ventilation. His abdomen examination revealed a
    1.5 cm abdominal wall supra-umbically (above belly button) with
    peritoneum (abdominal membrane), visible and a small amount of ooze and
    bleeding.

    139. She stated that duty surgeons were present at the Trauma Call Centre.
    A fast scan did not show any pericardial effusion i.e. no collection of fluid
    around the heart. This scam was performed by Dr. Manojit Chaudhary,

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 35 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00
    specialist, registrar, A&E. Blood gas is performed at the time show that this
    was unlikely to be a survivable cardiac arrest and with no clear reversible
    course, the trauma team in full agreement decided at the time of death was
    1952 hours. She further stated that the death was referred to the coroner as
    of unknown cause for the cardiac arrest and for further investigation.

    140. These paramedics, who reached the spot with the Ambulance, also
    support that the Victim had one stab wound on his abdomen and he died, on
    his way to the hospital, but in no way support the incident of stabbing itself.

    141. Critically, Stephen Sains noted, “one of the Asian males whose name
    he could not remember told him that the patient had been drinking all day
    and had fallen on some glass.” This corroborates Bhupinderjit Singh‟s
    admission (Ex. CW-1/29) that when police arrived, the witnesses told the
    police that he fell over.

    The other set of evidence is the forensic evidence.

    142. Robert Chapman, CW-1/15, Consultant Forensic deposed, “It is
    believed a call was made to the ambulance service indicating a fight had
    taken place and that someone had been punched in the stomach. A cut was
    also noted to the stomach. There was a possibility that the deceased had
    fallen onto glass on the floor. He was conveyed to hospital but died shortly
    thereafter. A puncture wound was noted to the abdomen. It is believed the
    deceased had been in a flat with friends and all had been drinking heavily.
    There was some shattered glass at the location but this was only small
    fragments. Review of the scene photographs indicated small fragments of
    glass lying on top of a sofa against a radiator and on the sofa itself. There
    was no obvious blood loss at the scene. I understand a knife had been found
    in a bathroom cabinet.”

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 36 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    143. The following were the conclusions given by Robert Chapman:

    1. Opinder Randhawa was a young man who showed no evidence
    of natural disease to cause or contribute to death.

    2. Death had resulted from a single stab wound to the upper part
    of the abdomen passing horizontally backwards through the
    abdominal wall, through the supporting tissues of the small
    bowel to strike the abdominal aorta. This is the major arterial
    blood vessel supplying the lower part of the body with blood.

    An injury to this vessel had caused considerable haemorrhage
    into the abdomen. A wound of this type would be expected to
    bleed immediately and profusely into the soft tissues around the
    aorta and into the abdominal cavity. It would be associated
    with rapid collapse following infliction.

    3. The appearances of the stab wound passing through the skin,
    small bowel tissues, the aorta and the lumbar spine were
    typical of a knife with a single sharpened edge. A blow with a
    knife would have required moderate force on a three-point
    scale of mild, moderate and severe assuming the knife had a
    sharply pointed tip.

    4. No cutting type defensive injuries were present.

    5. A bruise was present on the left hand over the major knuckle of
    the left index finger. This could have been received by the
    deceased delivering a clenched fist blow against a firm surface.

    6. There were no other significant injuries. There was some
    bruising in the back consistent with fall or collapse against a
    firm surface.

    7. In my opinion death resulted from:

    la. Haemorrhage
    1b. Stab wound to the abdomen.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 37 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    144. The definitive medical evidence comes from the Post-Mortem
    Examination conducted by Robert Chapman, Ex. CW-1/15, Consultant
    Forensic Pathologist. The Medico-Legal formulation that the immediate
    cause of death (1a) was hemorrhage (massive internal bleeding), which was
    caused by (1b) the stab wound to the abdomen, leaves no scope for any
    ambiguity or alternative explanation – death resulted directly and solely
    from the stab wound. The presence of broken glass at the scene (from the
    whiskey bottle that struck the Petitioner) may have provided a convenient
    false explanation, but the forensic pathologist‟s examination eliminated
    glass as the cause of the fatal wound.

    145. A critical lacuna in the Prosecution‟s case is the absence of forensic
    evidence linking the Petitioner to the alleged murder weapon. While
    Robert Chapman, Ex. CW-1/15 notes that “a knife had been found in a
    bathroom cabinet”, there is no evidence establishing that this knife was the
    weapon that caused the fatal injury, nor is there any forensic evidence
    linking this knife to the Petitioner.

    146. The Petitioner has especially contended and this remains unrebutted
    on record, that his fingerprints did not match the fingerprints on the alleged
    murder weapon. No DNA evidence is established nor fingerprint evidence
    on the alleged weapon of offence, has been produced linking the Petitioner
    to the weapon. The forensic Pathologist describes the type of weapon, but
    does not connect it to the Petitioner. In the absence of forensic evidence
    linking the Petitioner to the weapon, the Prosecution‟s case rests entirely on
    the circumstantial evidence of the Petitioner being seen with a knife.

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 38 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00

    147. Even if the entire evidence as produced on behalf of the Prosecution is
    accepted, then too even a prima facie case is not made out against the
    Petitioner.

    148. The learned ACMM was therefore, not correct in concluding that the
    medical evidence, together with other evidence on record, established a
    prima facie case of murder, warranting the Petitioner‟s extradition to the UK
    for trial.

    Conclusion:

    149. In light of the aforesaid observations, the Extradition Inquiry Report
    dated 25.02.2019 passed by the Learned ACMM, New Delhi in Complaint
    Case No. 04/04/2015, is hereby, quashed.

    150. The Writ Petition is, accordingly, allowed.

    151. The Petitioner be released forthwith, if not required in judicial
    custody in any other case. A copy of the Order be communicated to the
    concerned Jail Superintendent.

    152. The Petition is disposed of along with pending Application(s), if any.

    (NEENA BANSAL KRISHNA)
    JUDGE
    MARCH 16, 2026
    N/RS

    Signature Not Verified
    Signed By:VIKAS W.P.(CRL.) 1188/2019 Page 39 of 39
    ARORA
    Signing Date:19.03.2026
    18:13:00



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here