Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Superior Courts have the jurisdiction to review the proceedings and decision of administrative, executive, quasi-judicial and Judicial Tribunals when their findings are not within the parameters laid down under the law or suffer from perversity either on account of misreading, non-reading,-inadmissibility of evidence or otherwise on score of jurisdiction---Wide range of jurisdiction is conferred on superior. Courts to remedy all possible kinds of 'injustice where there is no adequate remedy available under any particular law. PLD 1973 SC 24; PLD 1978 Quetta 131; PLD 1977 Kar. 855 and PLD 1986 Quetta 185 ref. (b) Extradition Act (XXI of 1972)----- ----Ss. 12 & 13---Jurisdiction---Ultimate jurisdiction vests in the Federal Government to extradite or otherwise a fugitive offender---Where nature of the offence appears to be trivial or' request for extradition is not made in good faith, or extradition is not in the interest of justice or for any other reasons it would be unjust or inexpedient to surrender the fugitive offender, Federation may not only stay the proceedings against him but may also direct, summons or warrant issued to be cancelled and may order his discharge despite the positive opinion of Enquiry Magistrate in favour of extradition---Conversely where Federation is of the opinion that it is expedient to surrender the fugitive offender and the opinion of the enquiry Magistrate to discharge the fugitive offender appears to be perverse arid not in accordance with law, then only course open to the Federation is to challenge the opinion recorded by the Enquiry Magistrate. Nasrullah Khan Henjra v. Government of Pakistan, Ministry of Interior and Narcotics Control, Islamabad PLD 1994 SC 23 and. Zulqarnain Khan alias Zulfiqar Ali Khan v. The Government of Pakistan 1990 MLD 1611 ref. (c) Extradition Act (XXI of 1972)----- ----Ss. 8, 12 & 13---Criminal Procedure Code (V of 1898), S.439--Extradition enquiry---Revision petition---Competency---Revision petition under S.439, Cr.P.C. is maintainable in High Court against the opinion expressed in the extradition…

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