powers conferred by Section 5 of Extradition Act,
1962, the learned Extradition Magistrate conducted an inquiry as to the
extraditability of the Petitioner for offences ... various contentions
raised at bar before learned Extradition Magistrate as recorded in para 13 of
the Extradition Inquiry Report, have not been dealt with
EXTRADITION INQUIRY REPORT
1. Vide this order, I propose to conclude the inquiry
conducted under The Extradition Act, 1962 regarding the extradition of
the fugitive ... fixed for final arguments.
Scope of Inquiry
11. As far as the scope of inquiry in extradition proceedings is
concerned, when the Central government receives
Whether the offence for which extradition of FC
is sought is an extraditable offence;
(c) Whether the extradition request and documents
received are duly authenticated ... support of the
extradition request and provisions of Extradition Treaty
executed between both Requesting and Requested State, I
conclude my inquiry report with the following
clear that
the order of the Central Government for Magisterial Inquiry into the
extraditability of the offence committed by the fugitive criminal would
follow upon ... after 29.04.2015 can only be acted upon
for directing Magisterial Inquiry into the extraditability of the alleged
offence committed by the petitioner in Chile. Therefore
Learned Additional Chief Metropolitan Magistrate, Delhi completed
the inquiry and passed the final extradition enquiry report vide impugned
order dated 17th December 2018, which ... extradited,
deserves to be rejected.
30. The scope of inquiry by the Extraditing State has been laid down by
the Supreme Court in Sarabjit Rick
conviction does not ipso facto
vitiate the inquiry proceedings under Section 5 of the Extradition Act.
18. From the perusal of the various provisions ... extradited by
virtue of Section 31(1)(a) of this Act and Article 4 of the Extradition Treaty.
Such an inquiry proceeding is neither
clear that
the order of the Central Government for Magisterial Inquiry into the
extraditability of the offence committed by the fugitive criminal would
follow upon ... after 29.04.2015 can only be acted upon for directing Magisterial Inquiry
into the extraditability of the alleged offence committed by the petitioner
extradition,
and having been satisfied as to the extraditability of the offence, the
Government of India, on 22nd March 2021, ordered magisterial inquiry
under Section ... have been produced before the learned Magistrate for inquiry into
extradition proceedings. The Court has to arrive at a conclusion where
there is prima facie
enables the Requested State to refuse a request for extradition
when the offence for which extradition is sought is punishable by death ... 1081/10 Page No.17 of 24
extradition inquiry under the said Act is limited to the former part of the
request and does
Rajiv Chander Kant Shah
Case No. 19608/2016
22.04.2017
Extradition Inquiry Report
1. Vide this order, I propose to conclude the inquiry initiated on
receipt ... Extradition Act, 1962
has to look into the following aspects:-
(a) That the offence for which extradition of the FC is sought is
an extraditable
