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