Sucha Singh and the Law of Extradition
By
S. S. Ahluwalia
The escape of Sucha Singh, the prime suspect in the Kairon murder case to Nepal has touched off an important International controversy which almost threatens our cordial relations with Nepal. It is, therefore, important that we must move cautiously and with a conscious appreciation of all the factors and procedures involved in the situation.
The laws of a State can be primarily enforced within its own territory. But, it often happens that an offender commits an offence in one State and escapes into the territory of another. He cannot be punished in the first State because toe cannot be found there. He cannot be punished in the second State because he has not committed an offence there. It appears that the State on whose territory the crime has been committed can best try the offender. The evidence is most freely available there. The scene of occurrence is accessible to inspection, witnesses are readily available and documentary evidence, if any, can be easily unearthed. ....