Case Details

Citation(s)
2019 SLG 3296 2019 SLD 3296 2019 PLD 483
Islamabad High Court
Criminal Revision No. 46 of 2018, decision Dated: 20-03-2019. Hearing Dated: 21-12-2018.
ATHAR MINALLAH, CHIEF, JUSTICE
Petitioner(s) by: Sabah Mohy-ud-Din Khan
Respondent(s) by: Syed Muhammad Tayyab, DAG and Rabi Bin Tariq

TAHIR ATTIQUE ZARIF

VS

FEDERATION OF PAKISTAN AND OTHERS

Law: Extradition Act, 1972

Section: 4,7,8,8(2),9(1)(d),11

(a) Extradition Act (XXI of 1972)--- ----S. 8(2)---Inquiry Magistrate---Powers---Inquiry Magistrate is not to give verdict of holding fugitive offender as guilty---Such inquiry officer is merely to form an opinion as to whether a triable case is made out. Muhammad Asim Malik v. Anwar Jalil and 4 others PLD 1989 Lah. 279 rel. (b) Extradition Act (XXI of 1972)--- ----Ss. 7 & 8---Extradition---Inquiry---Prima facie case---Scope---Petitioner was fugitive of law from United Kingdom and was aggrieved of extradition orders passed by Inquiry Magistrate---Plea raised by petitioner was that documents relied upon by inquiry Magistrate were not received by Federal Government---Validity---Documents were received by Federal Government through High Commission of the United Kingdom and had been duly authenticated by competent forums/courts---Other co-accused were proceeded against and tried for offenses and were handed down convictions and sentenced by a competent court in United Kingdom---CCTV footages, data relating to cellular phones in use of petitioner, details regarding movements of other co-accused and other authenticated material was taken into consideration---Inquiry Magistrate had formed an opinion that a prima facie case was made out in favour of requisition--- High Court declined to interfere in order passed by inquiry Magistrate as it did not suffer from any legal infirmity nor procedure adopted by Federal Government or inquiry Magistrate was found to be in violation of provisions of Extradition Act, 1972---Petition was dismissed in circumstances. Nasarullah Khan Henjra v. Government of Pakistan, Ministry of Interior and Narcotics Control (Interior Division), Islamabad and 3 others 1998 SCMR 1072; Mirza Iftikhar Mehmood v. Area Magistrate, Police Station Nekapura, Sialkot and 3 others PLD 2009 Lah. 215; Mah Gul v. The State 2009 SCMR 4; Muhammad Jamil v. Muhammad; Akram and others 2009 SCMR 120; Bashir Ahmad and others v. The State and another 2018 MLD 1072 and Nargis Shaheen v. Federation of Pakistan and 5 others PLD 1993 Lah. 732 ref. Nasarullah Khan Henjra v. Government of Pakistan, Ministry of Interior and Narcotics Control, Islamabad PLD 1994 SC 23; Noor…
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