Delhi High Court Orders Release of Fugitive Criminal Over Non-Extradition to Thailand

The CSR Journal Magazine

The Delhi High Court has ordered the release of Murugesan Manivannan, a fugitive criminal, after concluding that he will not be extradited to Thailand. The court found that his prolonged detention was unjustifiable in light of the Central Government’s determination to refer his case to the Central Bureau of Investigation (CBI) for local prosecution. Justice Madhu Jain issued the order, stating that continued custody under the extradition committal order was unsustainable given that extradition would not occur.

The ruling was made on September 9, following a challenge filed by Manivannan’s advocate, Arpit Batra, who sought a discharge based on constitutional provisions and sections of the Extradition Act. The High Court noted the Central Government’s stance that the extradition procedure would not proceed, necessitating Manivannan’s release.

Background of the Case

Murugesan Manivannan was wanted in Thailand for his alleged involvement in the importation of 840 radiated tortoises, an action that prompted legal proceedings against him under Thai law. The initial extradition order was issued by Delhi’s Patiala House Court on January 6, 2026. However, the extradition was not executed within the stipulated timeframe, which raised questions regarding the legality of his continued detention.

The High Court pointed out that he had not been extradited within two months following his committal, which was critical to his argument for release. Manivannan’s legal counsel contended that holding him beyond the agreed timeframe violated both the Extradition Act and his rights under Article 21 of the Constitution, which guarantees the right to life and liberty.

Reports also indicated that an appeal by the Madhya Pradesh Forest Department, challenging a previous acquittal order related to Manivannan, remains pending at the Madhya Pradesh High Court. Despite this, the High Court’s ruling highlighted the immediate need to address the legality of Manivannan’s detention regarding his extradition status.

Legal Implications and Charges

Manivannan’s alleged actions—importing wild animals, specifically 840 radiated tortoises—led to serious charges under various legal provisions in Thailand, including violations of the Wildlife Reservation and Protection Act, the Animal Epidemics Act, and the Customs Act. These offences carry significant penalties of more than one year of imprisonment. The nature of the alleged offence also raises concerns regarding dual criminality, a principle necessary for extradition.

The legal framework stipulates that similar actions are deemed criminal under India’s Wildlife Protection Act. Thus, the case raises pertinent questions regarding compliance with international treaty obligations and the enforcement of wildlife protection laws in both countries.

Manivannan’s initial arrest occurred on August 27, 2012, at Suvarnabhumi Airport, where he was apprehended alongside 840 tortoises. Following his arrest, legal proceedings in Thailand were initiated, but ultimately, they failed to secure a conviction within the required timeframe. After fleeing to India, he became a fugitive, leading to multiple extradition requests and subsequent legal complexities.

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