JUDGMENT :

Madan B. Lokur, J.

1. The writ petition is admitted and in the connected matter, special leave is granted.

2. The principal question for consideration is whether there is a binding extradition treaty in terms of Section 2(d) of the Extradition Act, 1962 between India and Chile. Our answer to this question is in the affirmative.

3. The subsidiary question, equally important, is assuming there is no binding extradition treaty between India and Chile, whether a requisition by Chile invoking the principle of reciprocity and the general principles of international law for extraditing the petitioner from India is maintainable. In our opinion, the general principles of international law do not debar the requisition. However, whether the petitioner ought to be extradited or not is a decision that the concerned Magistrate, before whom the extradition proceedings are pending, will need to take on the evidence and material before him.

4. The case before us has a chequered history inasmuch as the Republic of Chile has sought the extradition of the petitioner who is believed to be a French national. The petitioner is accused of being a conspirator in the assassination of a Chilean Senator