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2023 Supreme(Del) 5628

AMIT BANSAL
Majibullah Mohammad Haneef – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr.Bahar U. Barqui and Mr.Maroof Ahmad, Advocates, for the Petitioner.
Mr.Chetan Sharma, ASG, Mr.Ajay Digpaul, CGSC, Mr.Amit Gupta, Ms.Swati Kwatra, Ms.Ishita Pathak, Mr.Kamal Digpaul and Mr.Saurabh Tripathi, Advocates, for the Respondent.

JUDGMENT

1. The present writ petition has been filed by the petitioner challenging his extradition by the Respondent/Union of India (Requested State) to the Sultanate of Oman (Requesting State).

2. Brief facts giving rise to the present petition are as follows:

2.1. The petitioner being a permanent resident of Uttar Pradesh, India was working as a labourer in Bidiyah, the Sultanate of Oman.

2.2. On 31st July, 2019, Bidiyah Police Station received a report that one Omani national along with his wife and three minor children was found dead at his home. On preliminary investigation, the authorities in Oman found finger prints and DNA samples of the petitioner along with that of the other Fugitive Criminals (FCs) being, Garibulla Mohammad Haneef, Nashibullah Mohammad Haneef and Abdullah Mohammad Haneef. As per the preliminary investigation, all the aforesaid four FCs were found to have committed offences of premeditated murder felony punishable under Article 302-A of the Penal Code of Oman. Subsequently, all the aforesaid FCs absconded from Oman to India.

2.3. Vide email dated 5th August, 2019, a request for provisional arrest of all the FCs was made on behalf of the Requesting State in ter

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