Mumbai, April 16: The special MCOCA court on Thursday cleared the air over the repatriation of gangster Kumar Pillai. Although Pillai was extradited from Singapore, he holds citizenship of Hong Kong.
The legal question before the court was whether he should be returned to the country from where he was extradited or to his home country.
Answering this, the special court ruled that Pillai should be allowed to travel to Hong Kong. The court further directed the state government to provide a no-objection certificate for his travel.
Court clarifies repatriation issue
The special MCOCA judge, Satyanarayan R. Navander, had in February allowed the plea of Pillai to let him return to his home country, Hong Kong, as he was acquitted in all cases for which he was extradited.
The Mumbai Crime Branch had sought clarification on whether he is required to return to Singapore or permitted to travel to Hong Kong.
No obligation to return to Singapore
The court noted there is no stipulation in the extradition order requiring the applicant to be mandatorily returned to Singapore upon completion of trial.
No undertaking was given by the prosecuting agency or the Government of India to Singapore in that regard, nor is there any request from Singapore seeking restoration of custody, the court said.
Court cites legal reasoning
The court said the obligation to restore custody to an extraditing state is upon the sovereign state, not the individual. Pillai cannot be compelled to obtain a visa for a country of which he is not a citizen.
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Additionally, the agency expressed inability to bear repatriation expenses. The court held it would be unjust to restrict his destination without legal basis, concluding that allowing his return home is the most reasonable and legally sustainable course.
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