The Savarkar Extradition Case: A Study in International Law

The Savarkar Extradition Case of 1910 represents a critical juncture in the evolution of extradition law, international arbitration, and colonial jurisprudence. It concerned the arrest and transport of Vinayak Damodar Savarkar, an Indian nationalist, who escaped at the French port of Marseilles but was recaptured and returned to British custody. France contested this act as an irregular extradition and a breach of sovereignty, referring the dispute to the Permanent Court of Arbitration at The Hague. The tribunal recognized procedural irregularities but declined to mandate Savarkar’s restitution, emphasizing good faith and the absence of clear legal norms governing such cases. Meanwhile, the Bombay High Court held that irregularities in arrest abroad did not affect domestic jurisdiction. This case thus clarified critical principles of extradition law—particularly the scope of irregular surrender, the principle of male captus bene detentus, and the balance between sovereignty and state interests in fugitive transfers. The study revisits Savarkar’s case as a turning point in the development of extradition jurisprudence, situating it within broader debates on sovereignty, irregular rendition, and the colonial deployment of law.