No dilution on extradition, Pak must hand over suspects

New Delhi, Jan 16 (PTI) India Friday asserted that
perpetrators of terrorism in this country must be handed over
to face "Indian justice" and clarified that there is "no
dilution" of that stand.

External Affairs Minister Pranab Mukherjee also asked
Pakistan to undertake a "full investigation" into Mumbai
attacks in a "sincere", "transparent" and "verifiable" manner
to unveil the "full conspiracy" into the terror strikes.

"There is no question of dilution of our demand of
extradition (of those responsible for terror acts in India),"
Mukherjee told reporters while clarifying on the media reports
quoting him in a TV interview.

"We have never given up the demand that perpetrators of
the terror acts should be handed over to India. There is no
question of that we have given up that demand or we have
climbed down," he said.

"The fact that dastardly terror crimes have been
committed in India, therefore the perpetrators must face
Indian justice. This is not an either or situation as these
things are not mutually exclusive," he said.

Mukherjee issued the "clarification" on a TV interview
in which he had said that India will have no objection if
those behind terror acts here are put to "fair trial" in
Pakistan itself, a remark which amounted to softening of New
Delhi's position on the issue of extradition.

Mukherjee was responding when asked clarify on his
statement to a TV channel that the attackers of Mumbai may be
tried in Pakistan if it was not possible for Pakistan to hand
them over to India for some reason.

Making it clear that Islamabad should have no legal
issues in handing over those behind terrorism in India,
Mukherjee Friday cited for the first time the 1972 Extradition
Act of Pakistan which provides for transfer of persons
suspected of committing crimes in countries with which
Pakistan has no Extradition Treaty.

The treaty, the External Affairs Minister said,
"specifically provides for extradition even when there is no
bilateral Extradition Treaty."

He cited the 1972 Extradition Act of Pakistan to nail
Islamabad's argument that it cannot hand over any person as it
has no Extradition Treaty with India.

The section 4(1) of the 1972 Extradition Act of Pakistan
clearly says that if a person, "accused or convicted of
offences at places within, or within the jurisdiction of, a
foreign state, are or are suspected to be in Pakistan should
be returned to the state, notwithstanding that there is no
extradition treaty with that state."

Mukherjee said the SAARC Convention on Terrorism also has
the same intent and such provisions are there in other
international instruments.

Pointing out that major terrorist acts have been
committed in India, he said "these were planned and launched
from Pakistan. Only full investigations, which are transparent
and verifiable, in Pakistan can unveil the full conspiracy."

He said India has requested Pakistan to take "sincere
and effective steps" in that direction.

"It is Pakistan's responsibility that individuals based
in Pakistan do not commit criminal acts in other countries and
then have effective immunity simply because they are Pakistani
nationals," Mukherjee said. PTI AKK
PMR