Legal Setback For Man Facing Extradition To India

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2021-09-23 HKT 13:04

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  • The Court of Appeal refused to allow a Hong Kong resident wanted by Indian authorities to take his fight against extradition to the SAR's top court. File photo: RTHK

    The Court of Appeal refused to allow a Hong Kong resident wanted by Indian authorities to take his fight against extradition to the SAR's top court. File photo: RTHK

A Hong Kong resident facing extradition to India over his alleged involvement in a jailbreak there has failed to secure permission to take his case to the SAR's top court.

Indian authorities accuse Ramanjit Singh of planning the escape of six prisoners from a jail in Nabha, Punjab in November, 2016.

Singh came to Hong Kong after being released from the same prison on bail. Authorities allege that he sent remittances to a man in India to fund the purchase of arms used for the prison break.

In July, the Court of Appeal decided that Singh could be extradited for offences relating to "escape from lawful custody" under the extradition arrangement between Hong Kong and India, even though such offences are not explicitly specified in the extradition agreement.

The court ruled that there is a “catch-all clause” in the agreement which covers the offence in question.

In applying to take his case to the Court of Final Appeal, Singh’s lawyer Simon Young argued that the courts should not consider the “catch-all clause”, saying it does not help clarify what constitutes an extraditable offence.

But handing down its ruling on Thursday, the Court of Appeal said it did not find the point of law raised to be of great and general importance to merit an appeal.

Singh's legal team has filed a separate application to the Court of Final Appeal to challenge the planned extradition.

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