ROSILINE GEORGE versus UOI & ORS.

ROSILINE GEORGE versus UOI & ORS.

The 1931 Extradition Treaty between the USA and Great Britain, as extended to India in 1942, remains operative and in force under the Constitution of India; treaties do not automatically lapse upon changes in sovereignty or government; extradition proceedings are governed by the Extradition Act, 1962, which is a special law and prevails over general provisions of the Code of Criminal Procedure. Sufficient, timely evidence was produced, and the procedural authority exercised was lawful.

Parties
Appellant: Rosiline George; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
11 October 1993
Procedural Posture
Criminal Appeals and Writ Petition / Supreme Court Decision on Appeals From Delhi High Court Order and Writ Petition Challenging Extradition Proceedings
Outcome
Criminal appeals and writ petition dismissed.
Legal Topics
Extradition Treaty Applicability, Treaty Succession, Role of Municipal Law in Extradition, Exclusion of General Criminal Procedure in Extradition, Validity of Pre Constitution Treaties, Order in Council Validity Under Constitution
Extradition International Law Criminal Law Constitutional Law Extradition Treaty Applicability Treaty Succession Role of Municipal Law in Extradition Exclusion of General Criminal Procedure in Extradition +2 more

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Parties

Rosiline George

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Criminal Appeals and Writ Petition / Supreme Court Decision on Appeals From Delhi High Court Order and Writ Petition Challenging Extradition Proceedings

Legal Issues

  1. 1 Whether the 1931 Extradition Treaty between USA and Britain as extended to India was operative after independence and under the Constitution of India.
  2. 2 Whether the extradition proceedings under the Extradition Act, 1962 were unlawful due to lapse of pre-independence treaties.
  3. 3 Whether native Indian States were bound by the Extradition Treaty post-independence.

Ratio Decidendi

The 1931 Extradition Treaty between the USA and Great Britain, as extended to India in 1942, remains operative and in force under the Constitution of India; treaties do not automatically lapse upon changes in sovereignty or government; extradition proceedings are governed by the Extradition Act, 1962, which is a special law and prevails over general provisions of the Code of Criminal Procedure. Sufficient, timely evidence was produced, and the procedural authority exercised was lawful.

Court Disposition

Criminal appeals and writ petition dismissed.

Orders

  • Learned Magistrate to record evidence for the Central Government on October 25 and 26, 1993; George to be given opportunity for rebuttal evidence on November 4 and 5, 1993; report to be submitted to Government of India on or before November 19, 1993. If George does not present himself, the inquiry to be held in jail...