🇵🇰 Pakistan →

Extradition proceedings---Non-treaty State---Order of Magisterialenquiry---Government of foreign country (United Kingdom), made a request toPakistan for the appellant's extradition for his trial on the charge of murdering eightpersons in the foreign country---Appellant was arrested in Pakistan, and the enquiryMagistrate found that there was a prima facie case against the appellant warranting hisextradition to the foreign country under the provisions of the Extradition Act, 1972---Appellant challenged said order by way of Constitutional petition before the HighCourt, which was dismissed---Held, that an extradition treaty had not been executedbetween Pakistan and the foreign country in question (United Kingdom)---When therewas no extradition treaty between Pakistan and the foreign State, the provisions of theExtradition Act, 1972 could be made applicable for the return of persons to such a nontreaty State provided the requirements of S. 4 of the Extradition Act, 1972 werefulfilled---In the present case, the enquiry Magistrate requested the Ministry of Interiorto issue a notification under S. 4 of the Extradition Act, 1972 along with thenomination of an enquiry Magistrate to conduct an enquiry under S. 7 of the said Act---Ministry of Interior did issue a notification directing that the provisions of the said Actshall have effect in relation to the foreign country with respect to the extradition of theappellant who was wanted on charges of multiple murders---Although the enquiryMagistrate was appointed three days prior to the issuance of the notification under S. 4,but this by itself did not render the entire proceedings before the enquiry Magistrate,coram non judice or unlawful---At best, this was an irregularity which stood curedwhen the notification under S. 4 was issued---Number of documents were exhibited inthe proceedings before the enquiry Magistrate, including the statement of theinvestigating officer of the case---In said statement, the appellant had been specificallyimplicated for conspiracy to commit arson with intent to endanger life and murder ofeight persons---Investigating officer had also made mention of a confession made bythe appellant to a woman about his involvement in the said offence---Additionally theappellant was also implicated by a witness in the case