GULLI SAHU Vs. EMPEROR

JUDGEMENT

(1.) The applicant, Gulli Sahu, has obtained a Rule calling in question the legality of his arrest under the Indian Extradition Act of 1903. The Rule was granted with some hesitation for great doubt was felt as to the Court s jurisdiction to interfere in the exercise of its re visional powers. This doubt was well-founded. The powers of the Act were set in motion by the Political Agent in and for the State of Nepal who issued a warrant addressed to the District Magistrate of Darbhanga for the arrest of the applicant Gulli Sahu, and his delivery as in the warrant described.

(2.) The applicant is a Nepalese subject who had fled from Nepal to British territory. The case against him is that he has committed, or is supposed to have committed, murder and that is an extradition offence. The proceedings thus fell within Section 7 of the Act. Subsection (1) empowers a Political Agent to issue a warrant addressed to a District Magistrate for the arrest of a person "by whom an offence has been committed, or is supposed to have been committed. Subsection (2) provides that the warrant so issued shall be executed in the manner provided by the law for the time being in force with reference to the execution of warrants.

(3.) It has not been suggested that we should or could revise what was done by the Political Agent; but we have been asked to interfere with, the proceedings of the District Magistrate in British India. But the District Magistrate s sole function was to execute the warrant and, notwithstanding his eccentric procedure and pronouncement, this in effect is what lie has done. And as in so doing he performed in accordance with his legal duty an executive act, we have no power to interfere in the exercise of our revisional powers. That this is the true effect of the Indian Extradition Act, 1903, is we think apparent from an examination of its scheme. Chapter II of the Act deals with the surrender of fugitive criminals in the case of Foreign States, and where a requisition is made for such surrender, the Government may issue an order to a Magistrate to enquire into the crime. The method of inquiry is described, and a power to commit the fugitive criminal to prison to await the orders of the Government, or to release him on bail, is vested in the Magistrate.