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India to send idol thief back to Germany
8 Sep
Summary
- Madras High Court ordered Kapoor's return to Germany.
- Kapoor was extradited to India 14 years ago.
- The court cited the Rule of Specialty under the Extradition Act.
A convicted mastermind of idol thefts, Subash Chandra Kapoor, is slated to be returned to Germany. The Madras High Court issued a directive on Tuesday for the Union government to take custody of the 77-year-old US citizen from Trichy Central Prison.
Kapoor was extradited to India 14 years ago for antique idol theft and smuggling. India had previously given an undertaking to Germany that he would not face additional prosecution without Germany's consent for offenses prior to his extradition.
Although convicted and sentenced to 10 years in 2022, Kapoor had already served the equivalent time by February 2023. He subsequently filed a habeas corpus petition for his release.
The court, referencing the 'Rule of Specialty' from the Extradition Act and the treaty, ruled that his continued detention was unlawful without Germany's consent for offenses predating his extradition. The court emphasized that the gravity of other pending cases, while serious, cannot override the legal requirements of consent.
Therefore, the Union Ministry of Home Affairs is mandated to take Kapoor into custody within two weeks and proceed with his return to Germany as per legal procedures.
