VERHOEVEN, MARIE-EMMANUELLE Vs. UNION OF INDIA & ORS.
LAWS(SC)-2016-4-39
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on April 28,2016

Verhoeven, Marie -Emmanuelle Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

- (1.) The writ petition is admitted and in the connected matter, special leave is granted.
(2.) The principal question for consideration is whether there is a binding extradition treaty in terms of Section 2(d) of the Extradition Act, 1962 between India and Chile. Our answer to this question is in the affirmative.
(3.) The subsidiary question, equally important, is assuming there is no binding extradition treaty between India and Chile, whether a requisition by Chile invoking the principle of reciprocity and the general principles of international law for extraditing the petitioner from India is maintainable. In our opinion, the general principles of international law do not debar the requisition. However, whether the petitioner ought to be extradited or not is a decision that the concerned Magistrate, before whom the extradition proceedings are pending, will need to take on the evidence and material before him.;


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