A special court has ruled that Kumar Pillai, a gangster who was extradited from Singapore in 2016, has the right to return to his home country of Hong Kong and cannot be forced to travel to Singapore. Pillai is a Hong Kong citizen.
Additional Sessions Judge SR Navander stated, “The applicant (Pillai) is allowed to return to his home country, Hong Kong. The State is required to issue the necessary No Objection Certificate and cannot compel the applicant to travel to Singapore.” The court emphasized that Pillai cannot be forced to obtain a visa for a country where he is not a citizen, nor can he be made to enter a foreign nation against his will unless there is a legal requirement to do so.
On February 13, the court had instructed the Mumbai Police to facilitate Pillai’s repatriation, acknowledging that he could not be compelled to stay in India after being cleared of all charges that led to his extradition. Subsequently, the police sought a modification of the order on February 20, referencing the Extradition Act and arguing that he should be sent back to Singapore. The court modified its earlier ruling, directing that Pillai be sent to Singapore within a month.
Despite this, Pillai remained in India as the repatriation process was not finalized. In a recent petition, he informed the court that he received a No Objection Certificate from the Foreigners Regional Registration Office allowing him to leave India. However, he expressed concerns about being compelled to travel to Singapore, citing potential difficulties and hardships in gaining entry, as well as the risk of becoming stateless.
The court noted, “It is acknowledged that there is no requirement in the extradition order mandating the applicant’s return to Singapore after the trial; no commitment was made by the prosecuting agency or the Indian State to Singaporean authorities regarding this matter; and there has been no request from Singapore for the applicant’s custody.” The court concluded that without a treaty obligation or explicit directives, it would be unreasonable to force Pillai to go to Singapore.
Additionally, the court pointed out that the State had indicated it could not cover the costs of Pillai’s repatriation. Given these circumstances, it would be unjust to impose any further restrictions on him without a legal basis.
Pillai was extradited to India to face three criminal charges, including two related to alleged extortion attempts and one regarding a murder plot. He also faced allegations under the stringent Maharashtra Control of Organised Crime Act but was acquitted of all charges over the years, with the court finding insufficient evidence against him in 2020, 2022, and 2024.
Sadaf Modak, a prominent Legal Correspondent based in Mumbai, is recognized for her expertise in reporting on the complexities of the judicial and correctional systems. Her work for The Indian Express showcases her authority in covering courtroom proceedings and human rights issues.
Modak specializes in trial court coverage, focusing on the day-to-day legal processes that impact citizens while also addressing broader issues of social and criminal justice. She provides insightful reporting on the conditions within prisons, the juvenile justice system, and fundamental human rights within law enforcement. Her affiliation with The Indian Express ensures high standards of accuracy and impartiality in her reporting, establishing her as a trusted source in Indian legal journalism.
