Matter of Extradition of Lahoria
| Decision Date | 11 June 1996 |
| Docket Number | No. 4:96-CR-028-A.,4:96-CR-028-A. |
| Parties | In the Matter of the EXTRADITION OF Daya Singh LAHORIA and Suman Sood. |
| Court | U.S. District Court — Northern District of Texas |
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Michael Logan Ware, Law Office of Michael Logan Ware, Fort Worth, TX, Jagdip Singh Sekhon, San Francisco, CA, for defendants.
John Bradford and J. Michael Worley, U.S. Attorney's Office, Fort Worth, TX, for plaintiff.
On June 4, 1996, came on for hearing the above-captioned extradition proceeding in which the United States Attorney for the Northern District of Texas ("movant") is acting on behalf of the government of the Republic of India ("India"). The fugitives are Daya Singh Lahoria (a/k/a Daya Singh Sandhu) (hereinafter "Lahoria") and Suman Sood (a/k/a Kamaljeet Kaur Sandhu) (hereinafter "Sood") (collectively hereinafter "fugitives"). Having considered the evidence received at the hearing, as well as the arguments and authorities filed prior to the hearing and delivered orally at the hearing, the court1 has concluded that a certification of the kind contemplated by 18 U.S.C. § 3184 should issue as to certain offenses listed in the complaint by which the proceeding was instituted.
This proceeding was instituted on March 5, 1996, with movant's filing of a verified complaint stating that Lahoria and Sood are charged in India with the commission in India of specified offenses covered by the extradition treaty in force between the United States and India. On that same date, the undersigned judge ordered the issuance of warrants for the arrests of Lahoria and Sood. On April 2, 1996, following a series of hearings in this action, during which the determination was made that the two persons arrested (Lahoria and Sood) are the same as the two persons whose extradition is sought by the complaint, the court set the extradition hearing for 9:00 a.m. on June 3, 1996. On May 9, 1996, the court granted fugitives' motion for continuance, and rescheduled the extradition hearing for 9:00 a.m. on June 4, 1996.
This proceeding was called for hearing on June 4, 1996. Counsel for movant announced ready for hearing. Fugitives, appearing in person and through their attorneys, announced they were not ready for hearing, but were present. Both sides proceeded to present evidence and argument. The court took the matter under advisement.
International extradition proceedings are governed both by statute (18 U.S.C. §§ 3181, 3184, 3186, 3188-3191) and by treaty. See 18 U.S.C. § 3184. In applying an extradition treaty, the court is to construe it liberally in favor of the requesting nation. Factor v. Laubenheimer, 290 U.S. 276, 293-94, 54 S.Ct. 191, 195-96, 78 L.Ed. 315 (1933).
The treaty under which fugitives' extradition is sought is the Extradition Treaty Between the United States and the United Kingdom of Great Britain and Northern Ireland of December 22, 1931 (TS 849; 47 Stat. 2122) (hereinafter "Treaty"), a copy of which is provided in Government's Exhibit 1. Because the Treaty is central to the proceedings, the court must initially determine whether the Treaty is a valid extradition treaty in force between the United States and India, see 18 U.S.C. § 3184, and then must determine whether it is applicable.
In addition to determining the validity and applicability of the Treaty, the court must determine whether the charged offenses may provide a basis for fugitives' extradition. This requires that the court determine whether the charged offenses are listed in the Treaty as extraditable offenses. See, e.g., Cucuzzella v. Keliikoa, 638 F.2d 105, 107 (9th Cir.1981). It also requires that the court determine whether the principle of dual criminality applies, and if so, whether it is satisfied. See Caplan v. Vokes, 649 F.2d 1336, 1343 (9th Cir.1981).
The court must also determine whether the evidence supports a probable cause finding as to each charged offense. According to the applicable statute, the court's responsibility is to determine whether, under the Treaty, the evidence is sufficient to sustain the charges that Lahoria and Sood committed the offenses alleged in the complaint. 18 U.S.C. § 3184. The Treaty specifies that such evidence is that which would justify the committal of the fugitives for trial had the charged offenses been committed within the United States. See Treaty, art. 9. Such evidence is known as "probable cause," or as evidence "furnishing good reason to believe that the crime alleged was committed by the person charged with having committed it," Jimenez v. Aristeguieta, 311 F.2d 547, 562 (5th Cir.1962), cert. denied, 373 U.S. 914, 83 S.Ct. 1302, 10 L.Ed.2d 415 (1963), or evidence establishing "reasonable ground to believe the accused guilty," Escobedo v. United States, 623 F.2d 1098, 1102 (5th Cir.), cert. denied, 449 U.S. 1036, 101 S.Ct. 612, 66 L.Ed.2d 497 (1980); see also In re Extradition of Russell, 789 F.2d 801, 802 (9th Cir. 1986).
In addition, the court must determine whether any of the Treaty's exceptions bar fugitives' extradition for any of the charged offenses. For example, the court must decide whether the Treaty's political offense exception applies. See Quinn v. Robinson, 783 F.2d 776, 781-818 (9th Cir.), cert. denied, 479 U.S. 882, 107 S.Ct. 271, 93 L.Ed.2d 247 (1986); Escobedo, 623 F.2d at 1104; Garcia-Guillern v. United States, 450 F.2d 1189, 1192-93 (5th Cir.1971), cert. denied, 405 U.S. 989, 92 S.Ct. 1251, 31 L.Ed.2d 455 (1972).
Finally, the court determines whether any of fugitives' defenses would bar their extradition.
Movant has presented evidence that the Treaty is in full force and effect between the United States and India. Gov't Ex. 1, 1C, and 1D. And, other courts have recognized that the Treaty is valid and in force between the United States and India. E.g., Jhirad v. Ferrandina, 486 F.2d 442, 443 & n. 3 (2nd Cir.1973); Jhirad v. Ferrandina, 355 F.Supp. 1155, 1158-60 (S.D.N.Y.), rev'd on other grounds, 486 F.2d 442 (2nd Cir.1973). The court is satisfied, and finds, that the Treaty is valid and in force between United States of America and the Republic of India, in accordance with article 14 of the Treaty.
The parties, in their Joint Prehearing Report to the court, agreed and stipulated to the facts set forth below:
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