RAM K MAHBUBANI Vs. U O I

JUDGEMENT

(1.) IN this writ petition three prayers have been asked for " firstly for the issuance of a writ of Habeas Corpus securing the release of the Petitioner under Section 24 of the Extradition Act, 1962 ("extradition Act" for short); secondly, for quashing of the Orders of the learned ACMM dated 31. 5. 2007 and 28. 7. 2007 whereby, according to the Petitioner, he has been detained; and thirdly, for staying the proceedings in the Court of the learned Additional chief Metropolitan Magistrate (ACMM ).

(2.) THE Petition discloses that the Petitioner was detained at Chennai airport on 04. 05. 2005. He was subsequently released on bail by Order dated 12. 5. 2005 by "the Madras Court", subject to his depositing the original Passport in that Court and executing a Bond for a sum of Rupees Ten Thousand. The respondents have clarified that this was a "provisional arrest" as requested for by the Government of the United States of America (USA) as envisaged in Article 12 of the Extradition Treaty between the Government of the Republic of India and the Government of USA, duly published in the Gazette of India Extraordinary dated September 14, 1999. The Respondents have further stated that the provisional arrest was pursuant to the powers contained in Section 34-B of the extradition Act. The Orders dated 12. 5. 2005 are of the Judicial Magistrate, alandur, Chennai. The Petitioner thereafter filed a Writ of Mandamus seeking the return of his Sri Lankan passport and for his discharge under Section 24 of the extradition Act. In its Order dated 15. 11. 2006 a learned Single Judge of the high Court of Judicature of Madras noted that the case had been initiated 18 months prior thereto and that it was "strange" that no action was taken thereafter. Therefore, the retention of the Passport was without legal authority. That Writ Petition was allowed and the Inspector of Police, CB CID (Metro), Chennai was directed to return the Passport to the Petitioner forthwith.

(3.) IN the meanwhile, on 10. 10. 2006, the Embassy of the USA made a request for the extradition of the Petitioner. Several documents were annexed to the request. The Government of India by Order dated 7. 5. 2007, together with corrigendum dated 11. 6. 2007, requested the Chief Metropolitan Magistrate, Delhi to inquire into the alleged offence. This Order is reproduced for ease of perusal: