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2008 Supreme(Del) 965

V.K.SHALI, VIKRAMAJIT SEN
RAM K. MAHBUBANI – Appellant
Versus
U. O. I. – Respondent


Advocates Appeared:
Mr. D. C. Mathur, Sr. Adv. with Mr. D. Banerjee, Adv.
Mr. Rahul Mehra, Adv. for Ministry of External Affairs.

JUDGMENT

VIKRAMAJIT SEN, J.

1. In this writ petition three prayers have been asked for “ firstly for the issuance of a writ of Habeas Corpus securing the release of the Petitioner under Section 24 of the Extradition Act, 1962 (“Extradition Act” for short); secondly, for quashing of the Orders of the learned ACMM dated 31.5.2007 and 28.7.2007 whereby, according to the Petitioner, he has been detained; and thirdly, for staying the proceedings in the Court of the learned Additional Chief Metropolitan Magistrate (ACMM).

.2. The Petition discloses that the Petitioner was detained at Chennai Airport on 04.05.2005. He was subsequently released on bail by Order dated 12.5.2005 by “the Madras Court”, subject to his depositing the original Passport in that Court and executing a Bond for a sum of Rupees Ten Thousand. The Respondents have clarified that this was a “provisional arrest” as requested for by the Government of the United States of America (USA) as envisaged in Article 12 of the Extradition Treaty between the Government of the Republic of India and the Government of USA, duly published in the Gazette of India Extraordinary dated September 14, 1999. The Respondents have further state






































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