should be strictly construed. Any request for extradition
therefore must undergo the strict scrutiny test. Extradition offence keeping
in view its definition in Section ... Contracting States agree to
extradite to each other, persons who are accused of, charged with or
convicted of an extraditable offence.
Article 2 provides
signatory to the extradition treaty and her husband is a fugitive criminal, who is an accused in an extraditable offence, against whom, a non-bailable ... offence, which reads as follows:
Art.2: Extraditable offence:
1. An offence shall be an extraditable offence if it is punishable under the laws
states that an offence which is punishable by more than one year
and is not a political offence is an extraditable offence. The Petitioner ... convicted for political
offence. Article 2(3)(a) of the Treaty also states that the offence would be an
extraditable offence „whether
Requesting
State;
(b) Whether the offence for which extradition of FC
is sought is an extraditable offence;
(c) Whether the extradition request and documents
received ... terms of Section 2(c)(i) of the Extradition Act, 1962, an
'extradition offence', in relation to a foreign state, being a
Treaty
definition provided
under the Extradition Act .
Section 2 (c) of the Extradition Act, 1962 defines an
extradition offence as follows :
(c) "extradition offence ... Article
2 (5) of the Extradition Treaty between two countries, if extradition has
been granted for an extraditable offence, it shall also be granted
inquiry are as under:-
Section 2(3)(c) of Extradition Act, 1962 defines'
Extradition Offence' which means:-
(i) in relation to a foreign ... aspects:-
(a) That the offence for which extradition of the FC is sought is
an extraditable offence.
(b) That duly endorsed and authenticated warrants
extraditable offence, whether such
offence was committed before or after the entering into force of the
Treaty.
14. Article 2 defines extraditable offenses to mean ... show that the offence alleged to
have been committed by him is of political character or the offence is
not an extraditable offence
extraditable offence, whether such offence was committed before or after the entering into force of the Treaty.
14. Article 2 defines extraditable offenses to mean ... show that the offence alleged to have been committed by him is of political character or the offence is not an extraditable offence
states are
under a duty to extradite 'any person who being accused or convicted of any
extradition offence'. Thus, only an accused ... record are not sufficient to make out prima
facie an extraditable offence against the petitioner and thirdly with respect to
the scope of enquiry. Learned
left for Canada/USA.
3. Vide order dated 23.07.2013, cognizance of the offence
punishable under Sections 420 / 120B of the Indian Penal Code ... petitioner was being extradited to India
only to face trial and not for any investigation purposes.
14. An extradition warrant as a warrant of arrest
