Can Extradition Be Carried Out Secretly?

Extradition is a formal legal process involving the surrender of an accused or convicted person by one state to another. This process requires adherence to legal safeguards, transparency, and respect for human rights. The question arises whether such a process can or should be carried out secretly.

Can Extradition Be Secret?

General Requirement of Transparency and Due Process

Indian extradition law mandates judicial inquiry, governmental approval, and formal procedures.

The person sought for extradition has the right to legal representation and to challenge the request.

Transparency ensures that the individual's fundamental rights, such as the right to life and liberty under Article 21 of the Constitution, are protected.

Secret Extradition Not Permitted Under Indian Law

The Indian Extradition Act, 1962, requires public and documented procedures.

Courts conduct hearings, and the government issues formal orders.

Secret surrender or transfer without due process would violate constitutional protections and principles of natural justice.

International Norms and Human Rights Concerns

International human rights bodies and treaties stress the importance of due process, transparency, and fairness in extradition.

Secret extraditions, sometimes called extraordinary renditions, are controversial and often condemned for violating rights.

Possible Exceptions and Practical Realities

While the legal framework demands openness, in rare cases, security or diplomatic sensitivities may lead to confidential handling of certain information during the process.

However, the core legal process and judicial orders must remain public and subject to oversight.

Any covert or secret operation to forcibly transfer a person without legal sanction is unlawful in India.

Judicial Precedents

Indian courts have emphasized that due process cannot be circumvented under the guise of secrecy or executive expediency.

If an extradition is challenged as having been carried out secretly, courts may quash such surrender.

Example

Suppose Country B requests extradition of an individual residing in India. The Indian courts conduct hearings, and the government passes a formal order to extradite. The individual is handed over publicly through proper channels, ensuring that lawyers and family are informed. If authorities had secretly abducted and sent the person abroad without due process, it would be illegal and subject to judicial review.

Conclusion

Extradition cannot be legally carried out in secret under Indian law. The process requires transparency, due process, and judicial oversight to protect individual rights and uphold the rule of law. Secret or covert extraditions violate fundamental legal and human rights principles and are not permissible.