S.RAMESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed challenging an order passed by the first respondent herein under which the second respondent was appointed as an Extradition Magistrate and for further direction to appoint a Magistrate in the State of Tamil Nadu under Sec. 5 of the Extradition Act.

(2.) The petitioner was arrested by CBCID, Thanjavur Police on 8/7/2010 and produced before the Judicial Magistrate, Thiruvaiyaru and thereafter remanded to judicial custody and lodged in Central Prison, Trichy. The petitioner was arrested for his alleged criminal activities in Singapore. The Republic of Singapore wanted the presence of writ petitioner for prosecuting him.

(3.) Based upon the said request made by the Republic of Singapore, the first respondent herein by invoking powers under Sec. 5 of Indian Extradition Act 1962, requested the Additional Chief metropolitan Magistrate No.l, Patiala, House Courts, New Delhi to inquire into the extradition as to the extraditability of the offence involved, by determining whether a prima facie case exists in terms of Extradition Act, 1962 and other applicable laws. This order of the first respondent herein is under challenge in the present writ petition.