Sessions Court Cancels Warrant Against Kumar Pillai In 2007 Vikhroli Murder Case | PTI
The sessions court has, while cancelling a warrant against gangster Kumar Pillai in a murder case registered with Vikhroli police station in 2007, has said that, the prosecution had knowledge of the pending case but took no step to prosecute him in the said case since 2016.
2007 Murder Case Details
As per the prosecution case, accused Anil Ramsevak Pandey, Amit Madhukar Bhogle and Silvaraj Vellutambi Pillai with Kumar Pillai, fired bullets using a foreign made pistol. In this incident, Sunil Magade died and Shashank Ahire sustained serious injuries. Hence a case of murder and attempt to murder was lodged with Vikroli police station. The case was later transferred to crime branch for further investigation. During the trial, all the accused were acquitted by the sessions court in 2017 and Pillai remained an absconding accused. Hence, the crime branch wanted to prosecute Pillai in the said case.
Extradition From Singapore
It is to note that this case was amongst the six cases, mentioned by the Mumbai police while extraditing Pillai from Singapore. However, he was allowed to be prosecuted only in three cases, in which he has already been acquitted.
Fresh Warrant Sought
The Mumbai police had last month obtained an open ended warrant to prosecute him in the said case to send a fresh request to Singapore government for Pillai’s prosecution in the fourth case.
While cancelling the warrant the court noted that Pillai had been acquitted in all the three cases for which he has been extradited. “After being acquitted from the cases, he was not repatriated and continued to stay in India with no status in India or Visa for stay in India.”
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Visa And Exit Plea
“The applicant (Pillai) had applied with Foreigner’s Regional Registration Office (FRRO) for exit from the country as well as for valid Indian Visa for entering in the country of India at least twice, the latest of which is pending since May 2024,” the court noted.
Defence Lawyer’s Submission
The court also noted that the defence lawyer Pankaj Kavale had submitted that though he was only extradited to face trial in the three cases out of the six cases listed against him, the Mumbai police continues to prosecute him in the other cases, for which the request has been turned down. The court also noted that Pillai had to subsequently approach the high court for quashing of the three remaining cases, which is still pending.
Court Cites Extradition Law
Considering all this and provisions of extradition act, the court said, “it is crystal clear that the applicant who was brought into this country under an Extradition Decree can be tried only for the offences mentioned in the Extradition Decree and for no other offences. If the requesting State deems it desirable to try the extradited fugitive for some other crime committed before his extradition, the fugitive has to be brought to the status quo ante, in the sense that he has to be returned first to the State which granted the extradition and a fresh extradition has to be requested for the latter crime. The Criminal Courts of this country will have no jurisdiction to try such a fugitive for any other offence.”
Prosecution’s Inaction Since 2016
“Admittedly, the applicant has been acquitted in three offences for which he has been extradited. The prosecution had knowledge of the pending case but no efforts seems to have been taken to obtain the consent of the Foreign State in respect of trial of the applicant for offence since 2016,” the court noted and added that the other accused in the said murder case in which the prosecution wants to prosecute Pillai, have all been acquitted on merits.
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