Partner Edward Grange has commented on the case of Chawla v Government of India  EHWC 102 (Admin) in Criminal Law Week.
Chawla v Government of India  EHWC 102 (Admin) is an application for permission to appeal in relation to proceedings in the Westminster Magistrates’ Court on 7 January 2019 when District Judge Crane sent the case of the applicant, Mr Chawla, to the Secretary of State for his decision on whether the applicant should be extradited to India.
“The Divisional Court left open the question of whether an appeal against the decision of a district judge to send a case to the Secretary of State could be brought under section 103 in circumstances similar to those in this case. Where, as here, the original decision on appeal was to quash the order for discharge and remit the case back to the district judge, the High Court said it was not necessary to express a view on whether or not the applicant could have sought to rely on additional arguments to resist extradition before the district judge, thus creating an avenue for appeal not previously considered by the Divisional Court.”
Edward’s full comments can be read in Issue 6 of Criminal Law Week