(1.) Omesh Chander Kashyap faced an enquiry before the learned Additional Chief Metropolitan Magistrate-01, Patiala House Courts, New Delhi in connection with his extradition to Canada and the learned Additional Chief Metropolitan Magistrate vide order dated 31.03.2015, after a full fledged enquiry under Section 7 of the Extradition Act, 1962 (hereinafter called as "žAct "Ÿ) recommended for the extradition of the petitioner to Canada, the requesting State. The Government of India through the Ministry of External Affairs, CPV Division (Externment Section), vide order dated 04.12.2015 communicated to the petitioner that the Central Government intends to accept the enquiry report of the learned Magistrate for extraditing the petitioner, and such intimation was in the nature of a notice to the petitioner to avail of his remedies as against such acceptance of the enquiry report for extraditing him.
(2.) By the present writ petition, the report of the learned Additional Chief Metropolitan Magistrate dated 31.03.2015 under Section 7 of the Act and the decision of the Central Government to accept such report vide communication dated 04.12.2015 are sought to be quashed as being without application of mind and against the tenets of extradition laws.
(3.) The note verbal No.0004 dated 06.01.2003 from the Canadian High Commission making a request for the extradition of the petitioner was received in the Ministry of External Affairs, Government of India. Pursuant to such a request, the Government of India, in exercise of its powers under Section 5 of the Act, made a request to the learned ACMM-01 by letter dated 24.03.2003 to enquire into the case of the petitioner regarding his extradition. In the aforesaid note verbal No.0004 dated 06.01.2003 (Exh.CW-1/A), the following charges were levelled against the petitioner for his extradition to Canada:-