ASHUTOSH KUMAR, J.

1. The petitioner, who is facing inquiry under Section 7 of the Indian Extradition Act, 1962 (hereinafter called as ‘Act’) has challenged the order bearing No.T-413/48/2009 dated 08.06.2000 passed by the Ministry of External Affairs, CPV Division, Extradition Section, New Delhi under the signature of Deputy Passport Officer-Extradition, whereby, on the request of the Government of Commonwealth of Australia, the Central Government has requested the Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi to inquire into the extradition request as to the extraditability of the offences involved by determining whether a prima facie case exists in terms of the Extradition Act, 1962 and other applicable laws.

2. The challenge to the aforesaid order is on the ground that there was no extradition treaty between Government of India and Government of Australia on the date of issuance of the order i.e. on 08.06.2010 and thus the Extradition Act, 1962 had no application and therefore the request to the learned Additional Chief Metropolitan Magistrate by the Central Government for inquiry is illegal and void ab initio.

3. The other ground which has be