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2007 Supreme(Del) 1321

P.K.BHASIN, MUKUL MUDGAL
MANINDER PAL SINGH KOHLI – Appellant
Versus
U. O. . – Respondent


Advocates Appeared:
A.K.VALI, ANAND JHA, Charanjit Singh Bakshi, N.K.MATTA

MUKUL MUDGAL, J.

( 1 ) RULE DB. With the consent of the learned counsel for the parties, the writ petition is taken up for hearing.

( 2 ) THIS writ petition under Articles 226 and 227 of the constitution of India challenges the Extradition Enquiry Report dated 8th June, 2007 under Section 7 (4) of the Extradition Act, 1962 (hereinafter referred to as the Act) of the Additional Chief Metropolitan Magistrate, New Delhi who is the extradition Magistrate appointed under the Act. Section 7 (4) of the Act reads as follows:-

"7. Procedure before Magistrate.--- (4) If the Magistrate is of opinion that a prima facie case is made out in support of the requisition of the foreign State, he may commit the fugitive criminal to prison to await the orders of the Central Government and shall report the result of his inquiry to the Central Government, and shall forward together with such report, and written statement which the fugitive criminal may desire to submit for the consideration of the Central Government. "

( 3 ) THE extradition of the petitioner was demanded by the government of U. K. on the allegation of kidnapping, rape and murder of Miss hannah Foster by him in England on the intervenin









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