ROSLINE GEORGE Vs. UNION OF INDIA

JUDGEMENT

(1.) Three interesting questions arise for decision in this case : One, whether there is a subsisting treaty between India and the United States of America with regard to extradition : two, whether an Indian citizen can be extradited under the said treaty : and three, who is the Magistrate having jurisdiction to hold an inquiry for this purpose.

(2.) Mr. George Kutty Kuncheria, a citizen of India and a chartered accountant worked in the United States of America as Manager in the Banker's Acceptance Department, in the Chase Manhattan Bank, New York. He was there from 1980 and returned to India in February, 1986.

(3.) It appears, that he was accused of offences of embezzleipent, fraud, forgery and receipt of stolen money and was indicted on 16th August, 1988 by a Grand Jury under section 88 Cr. 461 filed in the U.S. District Court. On the basis of the said indictment, warrants of arrest were issued by the U.S. District Court, Southern District of New York and the necessary authenticated documents were filed and sent to the Ministry of External Affairs with a request to extradite him. The request was received through the diplomatic representative of the United States Government in India and the Government of India thereafter decided to ask the Additional Chief Metropolitan Magistrate. New Delhi, to hold an inquiry under the provisions of the Extradition Act, 1962 (hereinafter referred to as "the Act"). The order dated 5th December, 1988 is as follows :