NEW DELHI: Delhi High Court on Monday declined to strike down a provision of the India-UAE extradition treaty that Christian Michel sought to have declared illegal.
Michel challenged Article 17 of the 1999 treaty, which allows India to prosecute persons for offences ‘connected’ to those for which extradition is sought.
A division bench of justices Vivek Chaudhary and Manoj Jain told the defence it would not grant a bare declaration without concrete remedies.
“What is the consequential relief which you want? We don’t grant simply declarations ki mera ye waala right hai isko declare kar dijiye (We don’t simply grant a declaration that this is my right and please declare it),” the bench said.
The court added that the treaty had not been enacted by parliament and so could not be treated as domestic law subject to an ultra vires challenge.