Briton wins fight against extradition to India

LONDON: A Briton convicted of a drug offence in India more than 15 years ago has won a High Court fight against extradition.

Ivor Fletcher, who is in his late 50s and from Birmingham, said he should not be extradited because he had long-term and ongoing mental health issues. He said his health and life could be at risk if he had to go into an Indian prison, and had challenged an extradition decision.

Indian government officials said he would be provided with appropriate care and should be extradited. A High Court judge has ruled in Fletcher’s favour. Mr Justice Chamberlain, who is based in London and considered arguments at a virtual High Court hearing in January, has concluded that extradition would be oppressive.

He said, in a written ruling published on Tuesday, that “on the evidence before the court … the physical or mental condition of the appellant is such that it would be oppressive to extradite him. The appeal therefore succeeds”.

The judge heard that Fletcher had been travelling in Kullu in 2002 when he was arrested by officials who said he was in possession of 10kg of cannabis.

Fletcher had been held in custody pending trial before being acquitted the following year. He had returned to the UK but Indian authorities had appealed and he was convicted in his absence and given a 10-year jail term. Fletcher had been arrested in the UK in 2018, after featuring on an Interpol wanted list, and in 2020 UK Government ministers had ordered his extradition.

“Mr Fletcher has serious and long-term mental health issues,” barrister Ben Keith, who represented Fletcher, told Mr Justice Chamberlain.

“Indian prison conditions are poor.” He said the Indian government had not provided information to show that there was “a credible treatment or protection regime” in Indian prisons.

Barrister James Stansfeld, who represented the Indian government, disagreed.

“(Fletcher) is a fugitive from proceedings in India,” said Stansfeld.

“He is sought to serve a lengthy sentence of imprisonment for serious offences.

“He can be, and will be, provided with appropriate care in India and in transit from the UK. Accordingly, his extradition is not unjust or oppressive.”

Fletcher hit the headlines in 2016 after neighbours in Birmingham, who became irritated by noise from his home, Google-searched his name and discovered that he was wanted in India.