Repatriate 'gangster' Kumar Pillai to Hong Kong: Court; cites acquittal in extradition cases

A Mumbai court has ordered the city police to take necessary steps to repatriate alleged gangster Kumar Pillai to his home country, Hong Kong, noting that he has been acquitted in all cases for which he was originally extradited.

A Supreme Court ruling has made it clear that in the absence of permission from the extraditing country, the applicant cannot be tried in India for any other pending cases, Special MCOCA Court Judge Satyanarayan R Navander said in the order passed on February 13.

"Consequently, the prosecution is left with no option but to take steps to repatriate the applicant (Pillai) to his home country, namely Hong Kong," the judge said.

There is no material on record to suggest that the prosecution has sought permission from the Hong Kong authorities to try Pillai in the other pending cases, the court noted.

Pillai, originally an Indian citizen, migrated to Hong Kong and acquired citizenship there. He was arrested in Singapore in 2016 following a 2012 Red Corner Notice and booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA).

India had sought his extradition from a competent court in Singapore for six pending cases against him. However, Pillai's extradition was permitted for the purpose of trial in three cases.

All those cases have since been disposed of and the applicant has been acquitted, the court order noted.

Pillai's lawyer, Pankaj Kavale, contended that the purpose of extradition now stands exhausted. He submitted that the applicant is not a citizen of India, and therefore, his continued stay in the country cannot be said to be lawful.

He is required to be repatriated to Hong Kong, in view of Section 21 of the Extradition Act, he added.

The prosecution opposed the plea, saying cases are pending against the applicant and proceedings therein are yet to be concluded.

The court, however, noted that extradition was only for three cases and he has been acquitted in those matters.

The judge pointed out that no appeal has been preferred (by the prosecution) against any of those judgments.

Further, the court underlined that there is no material on record to indicate that the prosecution has approached the authorities in Hong Kong for permission to try Pillai in other pending cases.

"Therefore, in view of the extradition treaty and the settled position of law, the applicant cannot be put to trial for any other offence unless such permission is obtained," the court held.

It further directed the Mumbai police commissioner to take necessary steps for Pillai's repatriation.