Delhi High Court Upholds Extradition Of Man Charged With Murder Of Family In Oman
Case: MAJIBULLAH MOHAMMAD HANEEF v. UNION OF INDIA
Coram: Justice Amit Bansal
Case No.: W.P.(CRL) 275/2022
Court Observation: “…the present petition, along with pending applications, is dismissed and the impugned order passed by the learned ACMM is upheld. Consequently, the decision of the Union of India to extradite the petitioner to the Sultanate of Oman is upheld,”.
“It is a matter of record that despite opportunity granted, no defence evidence was led on behalf of the petitioner before the learned ACMM. Further, these are the defences that would be open to the petitioner to be taken at the time of trial before the concerned court in the Requesting State. For the purposes of the inquiry under the Extradition Act, sufficient material has been placed by the Requesting State so as to make out a prima facie case in support of extradition,”.
“A perusal of the above communication would show that the Requesting State has assured the Government of India that the petitioner will have a fair and just trial and he would be provided with a lawyer to defend himself and an interpreter would also be provided to him during the investigation as well as the trial. The legal provisions that exist in the Requesting State with regard to death penalty and commutation thereof as well as the provision of pardon have also been elucidated in the aforesaid communication,”.
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Delhi High Court Upholds Extradition Of Man Charged With Murder Of Family In Oman