Law: Extradition Act, 1972

Section: 2,3,4,7,8,Preamble

Law: Constitution of Pakistan, 1973

Section: 199

(a) Extradition Act (XXI of 1972)--- ----Ss. 2, 3, 4, 7 & 8---Constitution of Pakistan, Art.199---Constitutional petition---Extradition proceedings---Non-treaty State, request of---Petitioners were arrested by authorities on request of Afghanistan for their extradition---Validity---Afghanistan was neither Treaty State nor Federal Government had issued requisite notification in favour of proceedings against petitioners under S.4 of Extradition Act, 1972---Applicability of provisions of Extradition Act, 1972, to petitioners was beyond the mandate of law---Arrest of petitioners and their detention was illegal and without lawful authority---High Court directed the authorities to release petitioners forthwith---Petition was allowed in circumstances. Jawar Arjan v. State of Gujarat AIR 1979 SC 1500; Muhammad Akbar Cheema, Advocate v. Superintendent Jail, Kot Lakhpat 1994 PCr.LJ 2362; Government of West Pakistan and another v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14 and Muhammad Azimm Malik v. A.C. & D.C. Preedy (South) Karachi and others PLD 1989 SC 266 ref. (b) International Law--- ----Extradition---Sovereignty of States---Scope---There is no international obligation upon sovereign State to accept request for extradition of a person within its territorial jurisdiction---Sovereignty of a State has legal authority over people within its territorial borders---Host State has to enter into arrangements with other sovereign States, whereby it may divest some of its sovereign powers including power to try a person for offence or to allow that person to remain within its territorial jurisdiction and to allow his extradition to other State to face trial. Nasrullah Khan Henjra's case PLD 1994 SC 23; Corpus Juris Secundum (Vol. 35) and Encyclopedia Britannica rel. (c) International Laws--- ----Municipal laws---When international obligations and bilateral commitments come in conflict with municipal laws, the latter are to prevail. A.M. Qureshis's case PLD 1981 SC 377; Indus Auto Mobile Pvt. Ltd.'s case PLD 1988 Kar. 1999 and Messrs Najeeb Zarab Ltd.'s case PLD 1993 Kar. 1993 rel. (d) Extradition Act (XXI of 1972)- ---Preamble-Aim of enacting Extradition…

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