MANINDER PAL SINGH KOHLI Vs. UOI

JUDGEMENT

(1.) This petition seeks the review of the judgment of this Court dated 6th July 2007 by which this Court had upheld the findings recorded by the Extradition Magistrate under Section 7 (4) of the Extradition Act (hereinafter referred to as the "Act") as being prima facie in nature.

(2.) The learned counsel for the review petitioner had filed a Special Leave Petition (Crl.) No. 3765/2007 in the Hon'ble Supreme Court against the judgment of this Court dated 6th July 2007 which was dismissed as withdrawn. However, it is the submission of the learned counsel for the review petitioner that the Hon'ble Supreme Court had permitted the filing of the review petition against the aforesaid judgment of this Court dated 6th July 2007. Therefore, it would be appropriate to extract the order dated 20th July 2007 passed by the Hon'ble Supreme Court as under:

(3.) However, even on merits of the pleas raised in the review petition, we find that the only grievance in the writ petition which was urged by the learned counsel for the petitioner in Court on 6th July 2007 was that the findings in the Enquiry Report passed by the Extradition Magistrate under Section 7(4) of the Act are conclusive findings and would prejudice him severely in proceedings in the Courts in U.K. as these conclusive findings could not have been recorded in an Extradition Report under Section 7 (4) of the Act and are contrary to the position of the law laid down by a Division Bench of this Court in Smt. Nina Pillai and others v. Union of India and others, 1997 CRL.L.J. 2358. However, this Court while allaying the apprehension of the petitioner had made it clear while disposing of the writ petition that the findings of the Extradition Magistrate in the Enquiry Report are merely prime facie in nature and not akin to the findings in a trial. It was also held that the Enquiry Report is not required to decide any issue about the innocence and guilt of the fugitive criminal and the only purpose of the enquiry is to determine whether a prima facie case or reasonable grounds exist which warrant the fugitive criminal being extradited to the demanding State. The relevant portion of the judgment dated 6th July 2007 of this Court reads as follows: