Law:

Section:

Extradition Act (XXI of 1972)--------- ----------Ss. 5, 7, 10 & 12---------Constitution of Pakistan, Art.199--------- Constitutional petition---------Extradition---------Delay in surrender---------Discharge of accused---------Petitioner was a fugitive from law and his extradition was sought by United States of America---------Petitioner sought his discharge on the ground that he was not surrendered to foreign country within two months after he was taken into custody---------Validity---------Failure on the part of Government of Pakistan to extradite and convey petitioner out of Pakistan was due to pendency of criminal cases against him and were being tried in court of competent jurisdiction---------Proper inquiry proceedings were conducted under S.10 of Extradition Act, 1972, and High Court under S.12 of Extradition Act, 1972, had jurisdiction to discharge the petitioner---------Petitioner sought his discharge and not release on bail as his bail had already been dismissed by Supreme Court---------Petition was dismissed in circumstances. Mirza Iftikhar Mehmood v. Area Magistrate PLD 2009 Lah. 215; Suran Narayan Jha and others v. Emperor AIR 1935 Patna 419; Ahtabar Gul and others v. The State PLD 2014 Pesh. 10 and Muhammad Azeem Malik v. Government of Pakistan and others PLD 1989 SC 519 distinguished. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:--------- Through the instant Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks his discharge from being extradited to USA. 2. The facts, in brief, are that respondent No.3 executed the arrest warrant of the petitioner under section 75, Cr.P.C. for offence under section 7 of the Extradition Act, 1972 and in consequence thereof the petitioner was taken into custody by respondent No.2. On 18-9-2014, the petitioner was sent to judicial lockup at Camp Jail Adyala, Rawalpindi, and on 19-9-2014 he was supplied with statement of documents under section 241 of Cr.P.C. The proceedings under section 10 of the Extradition Act, 1972 were duly conducted and the report was forwarded by the Additional District Magistrate/Inquiry Magistrate to Ministry of…

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