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Extradition law

VERHOEVEN, MARIE-EMMANUELLE versus UNION OF INDIA & ORS.

There is a binding and subsisting extradition treaty between India and Chile entered in 1897, and the Extradition Act, 1962 (other than Chapter III) is applicable to the Republic of Chile; even without a formal treaty, extradition can proceed based on reciprocity and established principles of international law. The actions of the Indian authorities in provisionally arresting the petitioner were legal and regular, as the procedural requirements under Section 34-B of the Extradition Act were met. The merits of the request for extradition must be adjudicated by the Magistrate based on the eviden…

Source excerpt

  • Applicability of extradition act to foreign state
  • Judicial review of executive decision on extradition treaties
  • Reciprocity in extradition
  • Provisional arrest under extradition act
  • Interpretation of extradition treaty
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Extradition law

BHAVESH JAYANTI LAKHANI versus STATE OF MAHARASHTRA & ORS.

Red Corner Notice by itself is not enforceable in India for effecting arrest or extradition of an Indian citizen in the absence of a formal extradition request as per the Extradition Act, 1962 and relevant treaty. The High Court erred in refusing relief solely on the basis of the Red Corner Notice; there being a private matrimonial dispute and no extraditable offence, the appellant is entitled to protection of his fundamental rights and the order of the High Court is set aside.

Source excerpt

  • Red corner notice
  • Interpol notices
  • Extradition procedures
  • Fundamental rights (arts.14, 19, 21)
  • Dual criminality
  • Child custody
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Extradition law

SARABJIT RICK SINGH versus UNION OF INDIA

Strict formal proof of evidence is not required in extradition proceedings under Extradition Act, 1962; Magistrate’s role is to assess documents and information for a prima facie finding, not to conduct a trial. The Act is a special statute and prevails over general criminal procedure statutes. Writ jurisdiction over extradition enquiries is limited.

Source excerpt

  • Extradition enquiry procedures
  • Standard of proof in extradition
  • Interpretation of statutes
  • Application of international treaties
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Criminal law

SUMAN SOOD @ KAMAL JEET KAUR versus STATE OF RAJASTHAN

Conviction and sentence of accused-wife under Section 364A read with 120B IPC was not justified as there was no direct or indirect evidence connecting her to kidnapping for ransom; trial court's acquittal restored. Evidence established kidnapping and wrongful confinement by both accused, but ransom demand was not supported regarding accused-wife. Extradition order allowed prosecution for offences under Section 364A IPC; accused-husband's conviction upheld.

Source excerpt

  • Kidnapping for ransom
  • Criminal conspiracy
  • Extradition
  • Wrongful confinement
  • Acquittal
  • Conviction
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.