Despite having pleaded guilty to culpable driving in Australia, Puneet Puneet is trying to escape ever returning to the country.

He will ask to be tried, for the same offence, in an Indian court, and to serve any sentence in his homeland.

The fugitive hit-run driver, arrested in India last month after four years on the run from Australian authorities, is in custody in Delhi awaiting an extradition hearing.

But he and his family say he will not be safe in Australia, and that he will fight any order to forcibly remove him to Australia.

"My life is under threat there so I want my trial to continue in India only," Puneet said.

Australia and India have a newly-signed extradition treaty, and whether the 24-year-old can even make an application to be brought before the Indian justice system appears extremely doubtful.

But his lawyer, Meena Sharma, told Fairfax Friday morning: "We have already moved an application under the extradition act for the case to be moved to Delhi Court and for the trial to take place here in India.

"He should plead here," she said.

Puneet has been in the custody of Punjabi police since November 29. He was brought to Delhi from Rajpura on Thursday.

Puneet's case is slated to appear before magistrate Sudesh Kumar, but the magistrate has been on leave on Thursday and Friday.

The Indian justice system is notoriously unhurried, cases can take decades to even proceed to trial. While the treaty between Australia and India should smooth the extradition process, if Puneet's removal to Australia is contested, the legal proceedings in India could take weeks, months, or even years.

In October 2008, then 19-year-old Puneet was driving at 150km/h with a blood alcohol reading of 0.165 when he lost control of his car and hit Gold Coast students Dean Hofstee and Clancy Coker on City Road in Southbank in Melbourne.

Mr Hofstee was killed and Mr Coker seriously injured.

Puneet initially said a cat had run onto the road distracting him and that he had "sore eyes", but later pleaded guilty to culpable driving in 2009.

However, he fled Australia before he was sentenced on a friend's borrowed passport, and eluded capture for four years, despite police surveillance of his home city, phone taps of his family and friends, and a massive reward of $100,000, more than 5 million Indian rupees.

He was arrested on November 29 this year at a hotel in Panipat, where he and his father were meeting with the family of the woman he planned to marry.

While on the run, Puneet had, apparently, been rebuilding his life.

He had been living in Noida – a sprawling, chaotic, satellite city of Delhi that attracts thousands of young men seeking work and opportunity every week, and so a perfect place for a young north Indian to hide – while working in a call centre.

But he had also made contact with friends and, it is believed, extended family back in his home state of Haryana.

Fairfax understands a friend, who knew Puneet's movements, gave him up to police, and intends to claim the reward.

Magistrate Sheetal Chaudhary ordered Puneet to be held in Delhi's Tihar jail, before he is brought back to court on December 18.