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Delhi High Court Declines To Hear Christian Michel’s Challenge To IndiaUAE Extradition Treaty

The bench said a treaty not enacted by Parliament cannot be declared unconstitutional.

Overview

  • The division bench refused to entertain the petition and allowed Michel to withdraw it with liberty to file a fresh plea seeking specific relief.
  • The judges said a mere declaration could not be issued without a cause of action or consequential relief and advised filing a better‑framed petition.
  • Michel targeted Article 17 of the 1999 IndiaUAE treaty, which permits prosecution for the extradited offences and connected offences, under which he was extradited from Dubai in 2018.
  • His counsel invoked Section 21 of the Extradition Act and argued that adding IPC Section 467, which carries a possible life term, has prolonged detention beyond the maximum for the original charges.
  • Although higher courts granted him bail in the CBI and ED cases earlier in 2025, a Delhi trial court in August refused release, citing serious offences that can attract life imprisonment.