Extradition Lawyer in New Delhi: Patiala House Courts and the Local Procedure

Which New Delhi court conducts the extradition inquiry?

The Extradition Act, 1962 separates the judicial inquiry from the executive surrender decision. Under section 5, the Central Government may direct a magistrate with the relevant local jurisdiction to inquire into a foreign request. Sections 6 and 7 address the arrest warrant and the inquiry into whether a prima facie case exists—enough material to support the statutory process, not a criminal trial deciding guilt. Under section 8, the Central Government considers the magistrate’s report and may issue a warrant for custody and removal if it decides that surrender should take place.

The Ministry of External Affairs (MEA), including its Consular, Passport and Visa (CPV) Division, is the central-government point to identify in the file. Do not assume that ACJM-01 will be the designated magistrate in every matter: the Delhi High Court’s judgment in Shankesh Mutha v. Union of India records that an MEA order dated 25 September 2024 designated ACJM-01 at Patiala House for that particular Thailand request. Ask for the actual section 5 order and confirm the court number, complaint number and next listing.

What if the arrest happens at IGI Airport?

The official New Delhi District roster published in July 2025 lists ACJM-01 at Patiala House for IGI Airport, IGI Metro and section 5 Extradition Act matters. Still, the actual warrant and first-production/remand order control the immediate custody file; it may not be the same docket as the section 5 inquiry. Obtain the order and case number, and confirm whether ACJM-01 has a separate section 5 file before travelling to another court.

An INTERPOL Red Notice, an Indian arrest warrant and a Central Government direction for an extradition inquiry are different things. A Red Notice is not itself an Indian court warrant. In Shankesh Mutha, the Delhi High Court described how the designated Patiala House magistrate issued a non-bailable warrant on 3 October 2024 after the government’s direction. The person later appeared voluntarily, and the court initially withheld re-issuance of the warrant while requiring continued attendance. This illustrates case-specific judicial control; it does not mean that every warrant will be recalled or that a notice alone proves the legal basis for detention.

What should the family do in the first 72 hours?

This is a practical action plan, not a separate statutory 72-hour deadline. Article 22(2) of the Constitution provides the distinct first-production rule: subject to the stated exceptions, an arrested person must be produced before the nearest magistrate within 24 hours, excluding necessary journey time; custody beyond that period requires magistrate authority.

Which deadlines matter at first production and provisional arrest?

Two clocks are especially relevant at the local arrest stage. Neither is a general deadline for completing the extradition inquiry.

Record separately the arrest date and legal basis, first-production/remand date, date the formal request was received, and any section 5 order. The 24-hour production rule and the 60-day provisional-arrest rule have different triggers. If a deadline may have expired, counsel should check the actual warrant and docket urgently rather than infer the position from an INTERPOL notice alone.

Can a person seek pre-arrest bail in the Patiala House inquiry?

The Delhi High Court answered the jurisdictional question in Shankesh Mutha v. Union of India, Bail Application 1375/2025, decided on 1 July 2025. It held that section 25 of the Extradition Act does not exclude anticipatory bail and that the designated magistrate, exercising the relevant powers of a Court of Session under the Act, can entertain such an application. Under the current BNSS, section 482 is the provision for bail in anticipation of arrest; section 528 concerns the High Court’s inherent powers. They should not be confused with their former CrPC counterparts, sections 438 and 482 respectively.

Transitional rule: the BNSS came into force on 1 July 2024. If the relevant inquiry or application was already pending immediately before that date, the savings provision may require it to continue under the former CrPC. Counsel should check the file’s commencement date and the applicable transition rule before choosing the section number.

The High Court granted relief to Mr Mutha on his facts, including consistent participation in the inquiry, cooperation, and safeguards such as depositing his passport, remaining available and not leaving India. The judgment does not create an automatic right to pre-arrest bail. The court may refuse relief after considering the allegations, flight risk, conduct and proposed conditions. Counsel should check the current procedural regime and any later order in the particular case before filing.

If the person is already in custody, the immediate application is ordinarily for regular bail or a challenge to the remand, not anticipatory bail. A request to obtain more documents or postpone an evidentiary ruling is a different procedural step. Ask counsel to identify the precise order and remedy rather than filing the same request under several labels.

When is the Delhi High Court the right forum?

The correct route depends on the act being challenged. The Patiala House magistrate conducts the statutory inquiry and may commit a person to prison to await the Central Government’s decision; the government then makes the executive surrender decision under the Act. A custody challenge, a bail refusal, a constitutional or supervisory petition and a challenge to a later executive surrender decision are distinct routes. The legal basis, deadline and competent court depend on the exact order and stage. Do not assume every interim direction has an ordinary appeal or that a constitutional petition automatically replaces another remedy.

Sections 5–8 of the Extradition Act create a limited statutory inquiry, not a full criminal trial. Do not assume every interim direction has a separate ordinary appeal or revision; the route depends on the exact order, governing provision and reviewing court. Constitutional or supervisory review requires its own legal basis.

What should the family prepare and how can it arrange access?

Patiala House is a New Delhi court complex with magistrates and Sessions Courts. The Delhi government’s court information lists a legal-aid desk in Room No. 1; confirm the current intake procedure before travelling. Delhi State Legal Services Authority has also documented a legal-services clinic at Tihar Jail No. 4. That does not establish that every extradition detainee is held at Tihar or at that particular jail. Ask the court or counsel to verify the current prison allocation and the facility’s authorised arrangements for lawyer interviews and family visits.

Request an interpreter if the person cannot follow the proceedings. Record the language used at the hearing and whether each foreign document has a translation. Do not assume that an overseas warrant or dossier will be understood without translation or that a family member can obtain restricted documents without the detainee’s authority.

Hypothetical example: A Georgian traveller is stopped at IGI Airport after Indian authorities receive information about an overseas arrest request. Her brother sees a reference to Patiala House online. Counsel first obtains the airport arrest and first-production papers, then checks whether a provisional-arrest warrant under section 34B exists or whether the Central Government has made a section 5 inquiry order. Only after checking the actual order and docket can counsel confirm whether an ACJM inquiry is pending at Patiala House and which court should hear the next custody application.

What should be sent to counsel first?

• Full name and spelling variants, nationality, passport details, arrest date and place, and a safe family contact.
• Copies of the Indian warrant, first-production and remand orders, bail orders, court number and next hearing date, if lawfully available.
• The requesting state’s warrant, alleged offences, formal request and translations; identify missing pages without altering the originals.
• Medical or interpretation needs, proof of a stable address, and documents showing prior attendance or cooperation with authorities.
• A chronology that separately records arrest, receipt of the formal request, inquiry orders, committal to prison and any later transfer.

For the country-wide procedure, see the India extradition guide; for refusal grounds and substantive remedies, see the India challenge guide. The Mumbai local guide covers a different court setting. For the distinction between an INTERPOL notice and judicial process, see how to check an INTERPOL Red Notice.

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