Mumbai, Feb 16: Paving the way for gangster Kumar Pillai’s return to Hong Kong, his home country, a special MCOCA court has directed the Mumbai Police to take steps within a month to repatriate him, noting that he has been acquitted in all the cases for which he was extradited.
Extradition limited to three cases
The order was passed by Special Judge Satyanarayan R Navander after Pillai, through advocate Pankaj Kavale, sought repatriation on the ground that he is a Hong Kong citizen and the purpose of his extradition has been fulfilled. The court noted that extradition was permitted only in three cases, all of which have concluded in acquittal.
The judge observed that in the absence of permission from the extraditing country, Pillai cannot be tried in India for any other pending cases. Consequently, the prosecution must initiate steps to send him back to Hong Kong.
Records show that a Red Corner Notice was issued against Pillai on January 18, 2012, by a Mumbai sessions court. India had sought his extradition in six cases, but approval was granted only for three.
Defence and prosecution arguments
Kavale argued that since those cases stand concluded and Pillai is no longer an Indian citizen, his continued detention would be unlawful. He also sought cancellation of a non-bailable warrant obtained by the Mumbai Crime Branch in a fourth case, which was issued to seek further permission for prosecution.
The prosecution opposed the plea, citing several pending cases and expressing concern that securing Pillai’s presence in future proceedings would be difficult if he returned to Hong Kong. It was also pointed out that non-bailable warrants have been issued in other matters.
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Court cites extradition treaty provisions
The court noted that no appeal has been filed against the acquittals and there is no material to show that authorities have sought permission from Hong Kong to prosecute Pillai in additional cases.
“In view of the extradition treaty and settled law, the applicant cannot be tried for any other offence without such permission,” the court held, allowing the plea for repatriation.
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