We can confirm that the extradition
request for Hanif Patel was refused by the then Home Secretary and Mr Patel was discharged by the court in August 2019, a UK Home Office source said on Sunday.
Hanif's extradition to India was first ordered by then Home Secretary Theresa May in June 2012. During an appeal at the High Court in London in April 2013, Justice Kenneth Parker noted the information provided in India's request described how, following the Babri Masjid demolition in December 1992, internecine hostilities broke out between the Muslim and Hindu communities in Gujarat.
The requesting state's case is that the appellant was part of a Muslim group that obtained explosives, guns and other weapons and then carried out revenge terrorist attacks on the Hindu community, including two explosions which resulted in the loss of life, injury and damage, the judge noted.
The first explosion was in January 1993 in a market on the Varacha Road in Surat, which killed an eight-year-old girl and the second explosion was in April 1993 at Surat railway station.
Arguments made on behalf of Hanif claimed there was a real risk of torture if Hanif was extradited to India.
There is nothing to suggest that the appellant (Hanif) is now no longer able to recall the events in question, or that the court in India would be unwilling or unable to consider the extent, if any, of any prejudice to the fairness of the criminal trial by reason of the passage of time, the judge had ruled, clearing Hanif's extradition.
Under the India-UK Extradition Treaty, India is category two-country, which means the Home Secretary has final sign-off on any extradition request, which in this case was turned down.
Similarly, the Indian government's request for the extradition of liquor tycoon Vijay Mallya in the fraud and money laundering case involving loans to his now-defunct Kingfisher Airlines is with UK Home Secretary Priti Patel for formal certification, after he lost a last-ditch attempt seeking leave to appeal in the UK Supreme Court last Thursday.
The 64-year-old businessman, who remains on bail, can also make representations to the minister, though his legal avenues now remain limited and may only involve a temporary reprieve due to the coronavirus crisis.