Union Home Secretary Govind Mohan has raised serious concerns over procedural lapses where extradited individuals are being implicated in unrelated cases in India. He warned that this violates the Rule of Specialty under Section 21 of the Extradition Act, 1962. States have been directed to ensure strict compliance.
Union Home Secretary Govind Mohan raised concerns in a communication to state governments and Union Territories earlier this month about procedural lapses in handling extradited individuals. He noted that some people extradited for specific offences have been implicated in unrelated cases upon arrival in India. “This practice is a direct violation of the Rule of Specialty (or Principle of Exclusivity), which is not merely a treaty obligation but a statutory mandate under the Extradition Act, 1962,” Mohan said.
He reminded that the Supreme Court has reaffirmed multiple times that an extradited individual can only be tried for the offence mentioned in the extradition decree. After completion of trial or sentence, such individuals cannot be detained for new charges without consent from the extraditing country. “In the absence of such consent, the individual is required to be restored, or given an opportunity to return to the surrendering State,” the letter stated.
Mohan warned that deviations could undermine India’s credibility in ongoing and future extradition matters with foreign jurisdictions. He directed all investigating agencies and state extradition cells to ensure strict compliance and consult the CBI’s extradition cell in complex cases.
According to the CBI, it secured extradition or deportation of 134 fugitives from 2020 to 2025. In 2024-25, 71 fugitives wanted by India were located abroad and 27 returned to India from abroad.
