PUNEET Vs. UOI

JUDGEMENT

(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 been raised by the petitioner is that at the time of issuance of the order dated 08.06.2010, the arrangement of extradition with Australia which has been published vide notification No. G.S.R. 1381 dated 30.01.1971 (gazette of India extraordinary) does not include the offence of causing death by negligence as provided under Section 304A of the IPC as an extraditable offence in the second schedule of the unamended Act, 1962 as well as the amended Act of 1993. The last of the grounds of challenge is that it is not clear as to whether the notification of 1971 or the later notification of the Treaty with Australia of the year 2011, have been laid before each house of Parliament, as mandated under Section 35 of the Act.