The Centre today opposed a plea by a youth seeking trial in India for an alleged driving offence committed in Australia in 2008 in which one person lost his life.
In a reply filed before Additional Chief Metropolitan Magistrate (ACMM) Sudesh Kumar, the Centre said that the plea by the 24-year-old Puneet citing a threat to his life in Australia as being the reason for him to seek trial in India, "is an abuse of the process of law" and an attempt to delay extradition proceedings.
In its reply, filed through advocates AK Vali and Naveen Kumar Matta, the Centre said that, "it is entirely the prerogative of the government to take appropriate decision on extraditing or refusing to extradite a fugitive criminal".
The Centre said that as per the provisions of Article 4(3)(b) of the Extradition Treaty between India and Australia, the court was "not empowered to express any opinion on the (said) matter".
Puneet, who was present in the courtroom during the hearing, is accused of having rammed his speeding car into a footpath in Australia in 2008, seriously injuring two pedestrians, one of whom later succumbed to the injuries.
He was arrested in Punjab on November 29 after a court here issued an arrest warrant against him in pursuance of an extradition request by Australian authorities.
During the arguments, Matta told court that Puneet's application was not "maintainable" at this stage and the appropriate forum before which the plea may be moved was the Union government.
Matta also told court there were multiple allegations against Puneet, related to the accident and also regarding the use of fake documents to come to India from Australia.
The government counsel pointed out that the person whose passport Puneet allegedly used to return to India has already been convicted by a court in Australia.
The counsel for Puneet argued that the trial of his client should be conducted in India as there was a threat to his life in Australia.
