Manmohan Sarin, J.

( 1 ) THE present petition has been filed by Mrs. Nina Pillai and her two minor sons, challenging the order dated 2-6-1995, passed under Section 5 of the Extradition Act, hereinafter referred to as the Act, appointing a Metropolitan Magistrate to conduct an enquiry into the case. The order had been passed pursuant to a letter of request received from Singapore High Commission for provisional arrest for purpose of extradition of late Mr. Janardhan Mohandass Rajan Pillai (hereinafter referred to in short as Mr. Rajan Pillai ). The petitioners are seeking quashing of the order dated 2-6-1995.

( 2 ) THE petitioners in addition have sought a declaration that Section 5 of the Act to the extent it permits the issuance of an order for inquiry without complying with the principles of natural justice, is ultra vires the provisions of Articles 14 and 21 of the Constitution of India. Further that Sections 3,4,5,6 and 7 of the Act do not apply to the Indian citizens. In the alternative it is prayed, that if the said Sections are held to apply to Indian citizens,the same be declared unconstitutional being violative of the fundamental rights guaranteed under Articles 5,14,19 (1

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