Question to the Home Office:

To ask Her Majesty's Government, further to the collapse of the case against Piara Singh Gill, Amritivir Singh Wahiwala and Gursharanvir Singh Wahiwala, why they certified an extradition request from the Indian authorities for these individuals.

Extradition requests from outside the European Union are governed by Part 2 of the Extradition Act 2003 (‘the Act’). Under section 70 of the Act, if the UK has formal extradition relations with such a territory – as it does with India – and receives a valid extradition request from it, the Secretary of State must certify the request unless certain narrow exceptions in the Act apply. In this case, none of those exceptions applied and, by law, the Secretary of State was obliged to certify the extradition requests.

Certification of extradition requests by the Secretary of State is only one step in the extradition process. Requests are subsequently subject to the full scrutiny of the Court and the safeguards contained within the Extradition Act 2003.

Having considered these cases, the Court discharged the three individuals wanted by India on the grounds that a prima facie case could not be established.