LENNOX JAMES ELLIS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the instant writ petition to seek a writ of certiorari for: (i) quashing the Gazette of India Notified Order No. 580, Part II, Section 3, Sub-Section (i) bearing G.S.R. 811 [E] dated 23rd August 2016, published in the Gazette of India Extraordinary on 23rd August 2016; (ii) quashing the Extradition Request issued against him by the Department of Justice, Republic of Philippines on 4th August 2016 (iii) quashing the Order T-413/61/2016 dated 24th August 2016, issued by the Respondent under Section 5 of the Extradition Act 1962 seeking an inquiry by the Court of the Ld. Additional Chief Metropolitan Magistrate 01, Patiala House Courts, New Delhi, and; (iv) quashing the extradition proceedings i.e., CC No. 7/4/16, Case No. 44921/16 currently pending before the Court of Learned Additional Chief Metropolitan Magistrate- 01 Patiala House Courts, New Delhi, qua the petitioner. The petitioner also seeks a writ of mandamus, directing his immediate discharge and release.

(2.) The case of the Petitioner is that he is a British national holding a British Passport. He entered India on 15th January 2016 on a tourist visa, valid for six months. On 08 th June 2016, while he was about to leave India from Dabolim Airport, Goa, he was arrested on 9th June, 2016 on the basis of a Red Corner Notice of May, 2016 issued by the Interpol on the request of the Government of the Republic of Philippines. Thereafter, he was remanded to judicial custody on 28.06.2016. On 1 st July 2016, the Ministry of External Affairs, Union of India moved a provisional arrest application against the petitioner under section 34B of the Extradition Act 1962 (hereinafter referred to as "The Act") before the Ld. ACMM-01, Patiala House Courts, New Delhi, based on which, the petitioner was taken into judicial custody vide order of the Ld. ACMM dated 11th July, 2016. He was brought to Delhi and remanded to judicial custody in Tihar Jail, New Delhi.

(3.) A request for extradition of the petitioner was received from the Republic of Philippines on 04.08.2016 in the Ministry of External Affairs.