Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1962:Applicability of the Act to a foreign State — Extradition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Extradition Act, 1962:Applicability of the Act to a foreign State — Scope of judicial review — Held: Whether the Extradition Act is to be made applicable to a foreign State or not is entirely a political decision to be taken by the Government of India and there must be judicial abstinence in this regard ~ There is no doubt that this is an area that cannot be the subject matter of judicial review — Extradition Act, 1870. s.2(d) — Binding extradition between India and Chile — Extra- dition Treaty entered into on 26" January 1897 between United Kingdom of Great Britain and Ireland with the Republic of Chile is still in force and binding on India and Chile — The provisions of the Act (other than Chapter IIT thereof) are applicable to the Republic of Chile in respect of the offences specified in the Extradition Treaty. s.2(e) — Request made by Embassy of a foreign State — Held: It is as good as a request made by foreign State itself . 3.34-B — Applicability of - Petitioner, a french national accused of conspiracy in the assassination of Chilean Senator — Requisition made by Embassy of Chile through the Note Verbale of 22™ September, 2015 for the arrest of the petitioner — That Note Verbale was acted upon by the Government of India and an application was moved before the Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi who granted the prayer for the provisional arrest of the petitioner — Legality — Held: There was no illegality or irregularity in the procedure adopted for the provisional arrest of the petitioner — On the basis of a request made by Chile as contained in the Note Verbale of 22" September, 2015, the petitioner could have been validly detained and placed under provisional arrest u/s.34-B of the Act, on a reciprocal basis, Extradition Treaty or no |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 354 |
Petitioner | Verhoeven, Marie-emmanuelle |
Respondent | Union Of India & Ors. |
SCR | [2016] 3 S.C.R. 48 |
Judgement Date | 2016-04-28 |
Case Number | 178 |
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