Delhi

Delhi HC upholds Centre’s extradition decision in Oman family murder case

Arrested in September 2019, Haneef, along with three other had committed offences of premeditated murder punishable under Article 302A of the Penal Code of Oman and fled to India.

New Delhi: Upholding the Centre’s decision to extradite Majibullah Mohammad Haneef, charged with the murder of an Omani family, including three children, the Delhi High Court on Friday dismissed his petition challenging a trial court order recommending his extradition to Oman for facing trial on murder charges.

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In the July 2019 incident, an Omani national, along with his wife and three minors, was found dead at home.

Arrested in September 2019, Haneef, along with three other had committed offences of premeditated murder punishable under Article 302A of the Penal Code of Oman and fled to India.

Haneef’s extradition was recommended by the trial court following an inquiry prompted by a Centre request.

The high court upheld the decision, citing murder as an extraditable offence under the Extradition Treaty between India and Oman.

It noted that despite the opportunity granted, no defence evidence was presented by Haneef, saying that such defences could be raised during the trial in the Requesting State.

The court deemed there was sufficient material to establish a prima facie case for extradition based on the Requesting State’s evidence.

Addressing concerns about a fair trial, the Centre engaged with Oman, seeking assurances regarding Haneef’s fair trial, free legal aid, and the services of an interpreter.

The communication between the two states assured India that Haneef would have a fair and just trial, legal representation, and an interpreter during the investigation and trial.

Legal provisions in Oman related to the death penalty, commutation, and pardon were also clarified. Justice Amit Bansal affirmed the trial court’s observation in the inquiry report, stating that all requirements for extraditing Haneef were satisfied.

The matter has been settled, and the decision supports the Centre’s extradition of Haneef to face trial in Oman.

Haneef, along with three other Fugitive Criminals (FCs), was implicated through fingerprints and DNA samples during the preliminary investigation in Oman.

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