Deadlock over release and extradition of antique dealer Subash Kapoor

Though Kapoor completed his sentence in March 2023, he continued to be lodged in the Tiruchi Central Prison as he was formally arrested in four more idol theft cases. | Photo Credit: File photo A deadlock has emerged over the release and extradition of international antique dealer Subash Chandra Kapoor, who has been lodged at the Tiruchi Central Prison. The State government has insisted that he should not be released and extradited, as he faces prosecution in five more cases in Tamil Nadu. However, the Centre has maintained that India should honour its extradition treaties with Germany and the United States.Kapoor, a U.S. national, was cited as accused in a case booked by the Udayarpalayam police in Ariyalur district in 2008 on charges of burglary and illegal export of 19 antique idols valued over ₹94 crore to the Art of the Past gallery in New York owned by him. He was detained by the German Police on October 30, 2011, at Cologne Airport based on a Red Corner Notice issued by Interpol. In 2012, he was handed over at the Cologne Airport to the Idol Wing CID. Kapoor was extradited to India to face charges in the Udayarpalayam case, in pursuance of the extradition treaty between India and Germany. After the extradition of Kapoor, the trial was conducted by the Additional Chief Judicial Magistrate Court, Kumbakonam, and Kapoor was convicted and sentenced to imprisonment of 10 years. The period of imprisonment was completed by Kapoor on March 22, 2023. However, Kapoor continued to be lodged in the Tiruchi Central Prison as he was formally arrested in four more idol theft cases reported at the Vikramangalam, Vriddhachalam, Palavoor, and Veeravanallur police stations.The Tamil Nadu government sought the consent of German authorities through the Union Ministries of Home Affairs and External Affairs on July 6, 2023 to prosecute Kapoor in the four cases in which the Idol Wing CID has filed chargesheets against him in the courts.Under such circumstances, in a recently filed affidavit in a court proceeding, the Union Ministry of External Affairs (MEA) submitted that the Federal Republic of Germany had December 20, 2023 not agreed to the proposed extension of the prosecution. It added that it had recently (last July) received proposals again from the Tamil Nadu government for obtaining the consent of Germany in 10 cases. However, Germany had refused to grant consent to prosecute Kapoor in December 2023. The MEA added that in the meantime, India received a request from the U.S. on September 27, 2021 for the extradition of Kapoor and five other co-accused, as they were involved in antique trafficking cases there.As per Article 19 (Rule of Speciality) of the Extradition Treaty between India and Germany, India will have to seek consent from Germany before extraditing Kapoor to the U.S. The MEA had received a note verbale on April 30, 2026, from the Germany Foreign Office, wherein the European nation had reiterated that further prosecution was not permissible under the principle of speciality. The MEA sought the release of Kapoor from detention so that he could be produced before the Extradition Court-Additional Chief Judicial Magistrate, Patiala House, in order to initiate extradition inquiry.Opposing the plea to release Kapoor, the Idol Wing CID said Kapoor was the mastermind behind a massive global antiquities smuggling network that had looted thousands of ancient idols from Tamil Nadu temples. He had orchestrated a highly organised criminal conspiracy that falsified provenance and laundered stolen heritage. The Extradition Act, 1962, and the Indo-Germany Treaty allow the prosecution for other offences.“Germany extradited Kapoor only to India pursuant to India’s request under the treaty. Therefore, India is bound by the conditions attached to Germany’s extradition order and by the Rule of Speciality. A further extradition (re-extradition) from India to the U.S. is not automatic. Under international extradition law and the treaty, a person extradited from Germany cannot ordinarily be surrendered by India to a third state (U.S.),” the Idol Wing CID countered, reiterating its stand.Sources in the Idol Wing CID said only 25 of 56 antique idols in which Kapoor was involved were repatriated to Tamil Nadu. Twelve were traced to various places abroad and under the process of repatriation, while 19 were yet to be traced. So, Kapoor needed to be interrogated.In the meantime, Kapoor has filed a habeas corpus petition in the Madurai Bench of Madras High Court seeking an order to the State and Central authorities to direct his immediate release from illegal custody and repatriation to his native country. The Union Home Secretary has also written to the Director-General of Police, Tamil Nadu, on the matter, it is learnt. Published - September 05, 2026 11:19 pm IST