CHRISTIAN MICHEL JAMES vs UNION OF INDIA AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17.03.2026 Pronounced on: 08.04.2026 + W.P.(CRL) 3868/2025 CHRISTIAN MICHEL JAMES .....Petitioner Through: Mr.Aljo K.Joseph, Adv. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr.Satya Ranjan Swain, CGSC with Mr.Kautilya Birat, GP for R-1 & 2. Mr.D.P. Singh, ASG/Special Counsel with Mr.Manu Mishra, Mr.Iman Khera, Ms.Garima Saxena, Advs. for R-3 & 4. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT NAVIN CHAWLA, J. 1. This petition has been filed by the petitioner praying for the following reliefs: “a) Issue writ, order or direction in the nature of declaration that that the Article 17 of Indian UAE Extradition Treaty is ultra-virus Article 21, 245 and 253 of the Constitution of India to the extent the expression in Article 17 of the treaty “anything connected there with” gives liberty to the prosecution to read other offences and sections into the chargesheet filed against a fugitive Extradited from UAE, Ultra virus of Section 21 of the Extradition Act 1962. Signature Not Verified Digitally Signed WP(Crl) 3868/2025 Page 1 of 19 By:REYMON VASHIST Signing Date:08.04.2026 17:56:45 b) Issue appropriate Writ order direction declaring that non application of the Section 21 of the Extradition Act and considering the provisions of treaty above the law made by Parliament under Article 245 of the Constitution of India violate the Fundamental Rights of the petitioner under Article 21 of the Constitution. c) Issue appropriate writ order direction, in the nature of writ of Certiorari quashing the order dated 07.08.2025 passed by the Hon’ble CBI Court and declare that the order passed by the CBI court Annexure P-15 is illegal and violative of Section 21 of the Extradition Act consequ