The Delhi High Court has issued a firm directive to the central government to speed up the process of extraditing a United States-based accused individual in a long-pending criminal case. The court also instructed the trial court to wrap up the proceedings, which have been dragging on for years, preferably within the next twelve months.
A Decade-Long Legal Battle for Justice
Justice Neena Bansal Krishna passed these significant orders while disposing of a writ petition filed by the complainant, Sheenam Raheja. Raheja has been relentlessly pursuing this legal battle for over a decade. Her petition specifically sought urgent measures to secure the extradition of the accused, Amit Wadhwa, from the United States and to ensure a speedy conclusion of the criminal case.
The case originates from an FIR registered under Sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), and 120B (criminal conspiracy) of the Indian Penal Code. The investigation was handled by the Economic Offences Wing (EOW) of the Delhi Police.
Allegations of Inaction and Prolonged Delay
Advocate Vivek Gupta, representing the petitioner before the High Court, presented a compelling argument. He highlighted that despite the FIR being lodged in 2009 and the investigation concluding years ago, no concrete, effective steps were taken for a very long period to ensure the accused's presence for trial. Gupta pointed out that Wadhwa continues to reside in the U.S., and this inordinate delay has caused severe prejudice to the complainant.
The core allegations involve serious matrimonial cruelty and a massive financial fraud. Raheja alleges that over ₹1.26 crore was fraudulently withdrawn from her bank account. Advocate Ravi Drall, who represented the complainant in the trial court at Tis Hazari, provided further context. He stated that the accused is, in fact, the complainant's husband and is entangled in multiple legal proceedings, including contempt cases, matrimonial disputes, and other cheating cases stemming from the same incidents. Drall also noted that the EOW did not take effective action to repatriate the accused from the U.S. despite repeated representations.
Court's Directives and Government's Stance
On behalf of the Union of India, Central Government Standing Counsel Jagdish Chandra informed the court that the extradition request is actively being pursued with U.S. authorities, including the Department of Justice. The matter was last taken up as recently as May 2025.
The High Court took note of several critical facts. It observed that the accused has already been declared a proclaimed offender. The court also noted that Wadhwa is fully aware of the ongoing proceedings, having even participated in related contempt proceedings via video conferencing. Acknowledging that the matter has been pending since 2016 before the trial court, Justice Krishna issued clear directives.
The court ordered the trial court to expedite the proceedings and make every effort to conclude the trial within one year. Simultaneously, it instructed the Centre to take prompt and practical steps to accelerate the extradition process. The bench also commended the complainant's persistent efforts, which included filing applications under the Right to Information (RTI) Act to track the status of the extradition request. These efforts revealed that progress in the case often occurred only after her persistent follow-ups.
