Extradition

Principle of aut dedre, aut judicare, finds its place in international criminal law ad is core principle in extradition offences

Such principle is usually applied in transition offences particularly organized one which affect more than one sovereign states

Principle of double criminality pushes such principle on the ground that if an act or omission is offence under laws of both or more sovereign states, offender should be tried and punished in either of the states and both sovereign states can ask to each other 'either to prosecute or to extradite 'which is called 'aut dedre, aut judicare'.

Accused assailed inquiry report on the ground that he was not provided with an opportunity to cross-examine witnesses who submitted their affidavits against accused

Single Judge of High Court directed Inquiry Magistrate to provide an opportunity of cross-examination to accused upon the persons who had submitted their affidavits in support of extradition

Validity

Not obligatory for deponents of affidavits filed in support of extradition requests to appear as witnesses before Inquiry Magistrate for the purpose of cross-examination on the facts deposed in their affidavits

No bar existed in Extradition Act, 1972 for Inquiry Magistrate to require presence of deponent of affidavit produced in support of an extradition request, in the event he had considered such presence essential so as to enable him to form an opinion that a prima facie case was made out for extradition of a fugitive offender

Not necessary for inquiry/investigation officer in requesting State who inquired or investigated the case against fugitive offender to appear and give evidence before Inquiry Magistrate

Deponents of affidavits produced in support of extradition case were not required to appear before Inquiry Magistrate

Intra Court Appeal was allowed accordingly.

Documents were received by Federal Government through High Commission of the United Kingdom and had been duly authenticated by competent forums/courts

Other co-accused were proceeded against and tried for offenses and were handed down convictions and sentenced by a competent court in United Kingdom

CCTV footages, data relating to cellular phones in use of petitioner, details regarding movements of other co-accused and other authenticated material was taken into consideration

Inquiry Magistrate had formed an opinion that a prima facie case was made out in favour of requisition

High Court declined to interfere in order passed by inquiry Magistrate as it did not suffer from any legal infirmity nor procedure adopted by Federal Government or inquiry Magistrate was found to be in violation of provisions of Extradition Act, 1972

Petition was dismissed in circumstances.

Petitioner sought his discharge on the ground that he was not surrendered to foreign country within two months after he was taken into custody

Validity

Failure on the part of Government of Pakistan to extradite and convey petitioner out of Pakistan was due to pendency of criminal cases against him and were being tried in court of competent jurisdiction

Proper inquiry proceedings were conducted under S.10 of Extradition Act, 1972, and High Court under S.12 of Extradition Act, 1972, had jurisdiction to discharge the petitioner

Petitioner sought his discharge and not release on bail as his bail had already been dismissed by Supreme Court

Petition was dismissed in circumstances.

There is no international obligation upon sovereign State to accept request for extradition of a person within its territorial jurisdiction

Sovereignty of a State has legal authority over people within its territorial borders

Host State has to enter into arrangements with other sovereign States, whereby it may divest some of its sovereign powers including power to try a person for offence or to allow that person to remain within its territorial jurisdiction and to allow his extradition to other State to face trial.

Statutory provisions of inter-state extradition have no direct bearing on the international extradition which is governed by the terms of the treaty and the special law, if any, on the subject existing in the country.

Concept??Extradition order, sanction behind??Extradition to and from foreign countries is regulated between Sovereign States by Treaties and the Statutes??Procedure and principles stated??Function of Courts in the two countries.

Extradition-Proceedings cannot be instituted in absence of mutual and reciprocal arrangement between Pakistan and State concerned.