India’s Prison Conditions May Derail Global Extraditions, Warns Justice Lokur

16-04-2025

04:31 AM

1 min read

What’s in Today’s Article?

Former Supreme Court Justice Madan B. Lokur warned that extraditions will be difficult until conditions are improved in Indian prisons.

India’s ambition to bring back economic fugitives like Mehul Choksi is facing growing scrutiny due to the deteriorating conditions in Indian prisons.
At the release of the India Justice Report 2025, former Supreme Court Judge and current Chair of the UN Internal Justice Council, Justice Madan B. Lokur, expressed grave concern over the impact of poor prison infrastructure on India’s global legal reputation.
Highlighting a recent UK court decision that denied an extradition to India, he underscored the urgent need for systemic reforms in the country’s criminal justice framework.

Justice Lokur referenced the UK appellate court’s denial to extradite Sanjay Bhandari, a defence consultant wanted in India for tax evasion and money laundering.
The rejection was based on India's inability to assure humane conditions in its jails, especially Tihar Jail in Delhi.
The court also highlighted a lack of concrete assurances from the Indian government despite multiple requests.
This ruling, according to Justice Lokur, will have lasting consequences on over 100 pending extradition requests from Indian authorities worldwide.

The UK judgement cited several incidents that question the safety and oversight of Indian prisons:
- Christian Michel, accused in the AgustaWestland scam, declined bail preferring imprisonment over restrictive bail conditions, shedding light on how even accused individuals perceive the harsh prison environment.
- Tillu Tajpuria, an inmate at Tihar, was publicly beaten to death in full view of CCTV and passive prison guards.
- Jagtar Johal and Ankit Gujjar also met tragic ends in custody, adding to the list of custodial deaths that challenge India’s human rights commitments.

Released alongside Justice Lokur’s remarks, the India Justice Report 2025 offers data-driven insights into the systemic issues plaguing India’s judiciary, police, prisons, and legal aid sectors.
Police Force
- There is just one civil police officer for every 831 citizens.
- 17% of police stations lack CCTV surveillance.
- 30% of police stations do not have a women's help desk.
- Reserved quotas for women in police are unmet in all States/UTs.
Prisons
- Uttar Pradesh houses the most overcrowded prisons.
- Delhi’s jails comprise 91% under-trials, highlighting delayed justice.
- Gujarat reported the highest vacancies in High Court judges and staff.
Judiciary and Legal Aid
- Bihar’s lower courts have 71% of cases pending for over three years.
- The per capita spending: ₹182 on judiciary, ₹57 on prisons, and a mere ₹6 on legal aid.
- No State in India allocates more than 1% of its total budget to the judiciary.

India’s ability to bring back fugitives like Mehul Choksi is increasingly being challenged not just on legal grounds but on humanitarian concerns.
The European and North American courts, adhering to strict human rights standards, are unlikely to entertain Indian requests unless substantial improvements are made in:
- Infrastructure (including access to healthcare and hygiene),
- Monitoring systems (CCTV reliability and oversight),
- Accountability of prison staff.

India’s global image as a democratic and rights-abiding nation hinges not only on the strength of its judiciary but also on the conditions in which its justice is delivered.
As Justice Lokur notes, unless prisons are reformed and humane conditions are guaranteed, India’s extradition goals and its standing in international law forums will continue to suffer.

Q1. Why did the UK deny the extradition of Sanjay Bhandari to India?

Ans. Due to concerns over unsafe prison conditions and risk of torture in Indian jails, particularly Tihar.

Q2. What are some incidents cited against Indian jail safety?

Ans. Custodial deaths of Tillu Tajpuria and Ankit Gujjar, and harsh conditions leading Christian Michel to reject bail.

Q3. What does the India Justice Report 2025 reveal about Indian prisons?

Ans. Overcrowding, high under-trial populations, lack of CCTV, and staff apathy are widespread.

Q4. What impact will this have on future extraditions?

Ans. India risks rejection of over 100 pending extradition requests if it doesn’t improve prison conditions.

Q5. What is the current spending on legal aid and prison infrastructure in India?

Ans. Only ₹6 per capita for legal aid and ₹57 for prisons, showing poor prioritization of justice infrastructure.

Source: TH