Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitutioll of India-Merger of. States-Effect-Treaty of Extradition between British Government and Indian State |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1898 (5 of 1898) Extradition Act, 1962 (34 of 1962) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India-Merger of. States-Effect-Treaty of Extradition between British Government and Indian State-Whether subsists after merger-Extradition Act 1903, ss. 7, IS-Provision i11 Act for extradition for additional offences-Whether "derogates" from Treaty--Extradition warrant for additional offences-Legality. In 1869 the British Government and The State of Tonk entered into treaty which provided for the extradition of offenders in respect of certain offe11ces specified therein called "heinous offences," which did not include the offences of cheating and extortion. In 1903 the Indian Extradition Act was passed which provided for extradition in respect of cheating and extortion also, but s. 18 of the Act provided that nothing contained in the Act "shall derogate from the provisions of any treaty for the extradition of offenders." Under the Independence of India Act, 1947, the suzerainty of His Majesty over the Indian States lapsed ana with it all treaties and agreements in force; but under a "standstill agreement," between the Indian Dominion and the States (including Tonk) all agreements between His Majesty and the States were continued, including agreements in respect of extradition. Tonk acceded to the Dominion of lndia in 1947 and became a member State of the United State of Rajasthan. The appellant was a member of the Uttar Pradesh Civil Service and his services were lent to the State of Tonk in 1948. After he had reverted to the Uttar Pradesh he was charged with the offences of cheating and extortion alleged to have been committed while he was in Tonk and was arrested under an extradition warrant issued under s. 7 of the Extradition Act, 1903. He applied under ss. 491 and 561-A of the Code of Criminal Procedure for his release, contending that in view of the provisions of s. 18 of the Extradition Act and the Treaty of Extradition of 1869, his arrest was illegal : Held per KANIA C. J. and PATANJALI SASTRI J. (FAZL ALI J. concurring).-Even assuming that the Extradition Treaty of 1869 subsisted after the merger of the Tonk State, by providing for extradition for additional offences the Extradition Act of 1903 did not derogate . from the provisions of the Treaty of 1869 or the rights of Indian citizens thereunder, and the arrest and surrender of the appellant under s. 7 of the Act was not, therefore, rendered unlawful by anything contained in the said Treaty. Per MuKHERJEA J. (FAZL AL1, ivfAHAJAN an |
Judge | Honble Mr. Justice Bijan Kumar Mukherjea Honble Mr. Justice Patanjali Sastri |
Neutral Citation | 1950 INSC 8 |
Petitioner | Dr. Babu Ram Saksena |
Respondent | The State |
SCR | [1950] 1 S.C.R. 573 |
Judgement Date | 1950-05-05 |
Case Number | 2 |
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