protects the former but not
the latter incident.
S.7 of the Extradition Act conferred the power of issuing a warrant for
extradition proceedings ... political agent, but when a warrant for
extradition was issued not by the political agent but by another officer
subordinate to the political agent
also
true that Omi Narang and Manu Narang were not
extradited for the offence under the Antiquities
and Art Treasures Act , and, therefore, they could
been
kept in abeyance under Sec. 205 Cr.P.C. since extradition
proceedings are being taken against them.
HISTORICAL BACKGROUND
9. The historical backdrop
land is an 'evacuee property' left by the Muslims who extradited to
C.W.P. No.17704 of 1997 -: 7 :-
Pakistan during
P.K.Umaiba vs The Union Of India on 8 January, 2008
Bench: H.L
Supreme Court, in this case, drew the distinction between the Extradition Act and the Foreigners Act. In particular, he pointed out paragraphs
order dated 9th May 1997 was passed by the Swiss authorities granting extradition of the petitioner to India to face trial subject to certain conditions ... submitted that inasmuch as one of the conditions on which extradition of the petitioner was granted by the Swiss authorities was an undertaking that
Suspension of sentence for police investigation
(vii) Violation of conditional release
(viii) Extradition
(2) A prisoner released on bail in court ... Suspension of sentence for police investigation.
vii) Violation of conditional release.
Viii) Extradition.
Even the Emergency Leave is not treated differently. There is no question
Corner Notice was issued through Interpol on 16.03.2005. Steps were taken to extradite him from United States of America to India. On 24.10.2005 final report
EXTERNAL AFFAIRS DATED 12.8.09 IN CC 125/04 (CRIME
902/2003) FOR EXTRADITION.
EXHIBIT P12 B TRUE COPY OF THE AFFIDAVIT OF COMMISSIONER OF POLICE ... EXTERNAL AFFAIRS DATED 24.5.24.1.2009 in cc 2127/2002
(CRIME 750/200) FOR EXTRADITION.
WP(C).No. 12327 of 2008
EXHIBIT P13B TRUE COPY