Arsh Dalla to be brought back? All you need to know about India and Canada's extradition policy

In the aftermath of Khalistani extremist Arsh Dalla's arrest, we take a look at the extradition treaty currently in place between New Delhi and Ottawa.

Amid rising tensions in diplomatic ties between India and Canada, Khalistani extremist Arshdeep Singh Gill alias Arsh Dalla was reportedly arrested by the Canadian police in Ontario in light of an alleged shooting incident on Sunday, November 10.

Dalla, the de facto chief of the Khalistan Tiger Force (KTF), is a designated individual terrorist as declared by the government of India in 2023. Soon after the arrest, India renewed its request for the extradition of Arsh Dalla from Canada.

“In view of the recent arrest, our agencies will be following up on an extradition request. Given Arsh Dalla’s criminal record in India and his involvement in similar illegal activities in Canada, it is expected that he will be extradited or deported to face justice in India,” spokesperson of the Ministry of External Affairs Randhir Jaiswal said in a public statement on Thursday.

In the aftermath of Dalla's arrest, we take a look at the extradition treaty currently in place between New Delhi and Ottawa, as elaborated on the official website of the Government of Canada:

1. As per Article 3 of the treaty (Extradition Offences), when the individual in question commits an offense that makes him liable to a sentence of imprisonment for more than a year under the laws of both the contracting states, it is qualified as an extradition offense.

2. Under the terms of Article 1 (Duty to Extradite) of the treaty, each contracting state agrees to extradite to the other any individual who is found in the territory of the other state after being charged or being found guilty of an extradition offense that was committed on the territory of the first state, whether or not the offense was committed prior to or following the treaty's entry into force.

3. Article 1 also states that a person who is being sought for extradition with the intention of discriminating against him because of his race, religion, color, or ethnic origin may not be required to be extradited.

4. Article 5 (Exceptions to Extradition) states that if the state requesting extradition believes that the offense is political or of a political nature, then extradition may be denied.

5. However, Article 5 also mentions that actions that offenses under the requesting State's laws will not be considered political offenses or offenses of a political nature if they are associated with terrorism.

6. According to Article 4 (Extradition and Prosecution), the requesting State must make sure that the extradited individual is tried within 6 months of the extradition if it is authorized under this treaty.

Arsh Dalla is a proclaimed offender in over 50 cases of murder, attempt to murder, extortion and terrorist acts, including terror financing in India.

New Delhi’s requests for extradition of Arshdeep Singh Gill from Canada to India have been pending with Prime Minister Justin Trudeau’s government. He is one of the 26 fugitives, whom New Delhi has been repeatedly asking Ottawa to send back from Canada to stand trial in India, despite lack of interests on part of the government in Ottawa.

(With DHNS inputs)