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1 - 10 of 11 (0.50 seconds)Article 21 in Constitution of India [Constitution]
Section 15 in The Extradition Act, 1962 [Entire Act]
Section 16 in The Extradition Act, 1962 [Entire Act]
Article 14 in Constitution of India [Constitution]
Basheshar Nath vs The Commissioner Of Income-Tax,Delhi & ... on 19 November, 1958
When we look at these provisions of the Act, it becomes clear
that, the Central Government is the competent authority to apply its
mind with regard to the nature of allegations made by a contracting
state, with whom the extradition agreement or treaty has been entered
into. Only upon being satisfied, that the nature of allegations do
warrant the necessary action, such an action can be allowed to be
initiated or carried out to a logical end but not otherwise. In this context,
it is appropriate to remember that right to seek judicial review is firmly
engrained into the basic structure of our Constitution. Similarly, Article
21 of our Constitution, which forms the bed rock, guarantees protection
of life and liberty of any person in this Country. It will also be
appropriate to notice in this context that, Article 21 encompasses and
is the repository of the very right of life and personal liberty of an
individual. It also takes care of the procedure to be established by law
by which alone the liberty of an individual can be deprived in this
Country. In this context, it is also appropriate to notice that, no
fundamental right, much less, Article 21 can be allowed to be waived
in this Country. It will be appropriate to notice the principle enunciated
by the Supreme Court in Basheshar Nath v. The Commissioner of
[1]
Income Tax , in paragraph 14 as under:
Bhavesh Jayanti Lakhani vs State Of Maharashtra & Ors on 7 August, 2009
Further, the entire principle concerning the right of an individual
to protect his own life and liberty in this country vis-à-vis the provisions
of the Extradition Act, 1962 and also the obligations arising out of the
treaty which the Government of India entered into with the Government
of United States has fallen for consideration in Bhavesh Jayanti
[2]
Lakhani v. State of Maharashtra . In paragraph 42, the Supreme
Court has in clear and categoric terms held as under: