Law4u - Made in India

What Are Judicial Review Grounds In Extradition Matters?

Answer By law4u team

Judicial review in extradition cases provides a vital check on the executive’s power to surrender individuals to foreign states. Indian courts play a key role in safeguarding legality, fairness, and fundamental rights throughout the extradition process.

Grounds for Judicial Review in Indian Extradition Cases

Legality of Arrest and Detention

Courts verify whether the person’s arrest and detention pending extradition comply with legal requirements.

Habeas corpus petitions challenging unlawful detention are routinely entertained.

Existence and Validity of Extradition Treaty and Request

Review whether a valid treaty or arrangement exists with the requesting country.

Examine if the extradition request meets the formal and substantive treaty conditions.

Dual Criminality Principle

Confirm that the offence for which extradition is sought is a crime in both India and the requesting country.

Sufficiency of Evidence

While courts do not conduct a full trial, they ensure prima facie evidence supports the allegations justifying extradition.

Political Offence Exception

Assess whether the offence is political in nature, which can bar extradition under Indian law and treaties.

Risk of Torture, Death Penalty, or Unfair Trial

Courts evaluate human rights concerns including the risk of torture, capital punishment, or violation of fair trial rights if extradition proceeds.

Procedural Fairness

Ensure that procedural safeguards like proper notification, opportunity to be heard, and legal representation are provided.

Compliance with Constitutional Rights

Safeguard fundamental rights under the Indian Constitution, such as personal liberty under Article 21.

Example

In the landmark case Jolly George Verghese v. Bank of Cochin (1980), the Supreme Court of India emphasized that courts must ensure prima facie case and procedural fairness before ordering extradition, protecting against arbitrary surrender.

Conclusion

Judicial review in extradition matters ensures India’s compliance with legal standards, international obligations, and constitutional safeguards. Courts act as a crucial guardian of individual rights while balancing India’s international commitments.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rajaram

Advocate Rajaram

Civil, Criminal, Revenue, Court Marriage, Motor Accident

Get Advice
Advocate Mohamed Imran R

Advocate Mohamed Imran R

Anticipatory Bail, Documentation, High Court, Family, Criminal, Insurance, Domestic Violence

Get Advice
Advocate Darshan Panchal

Advocate Darshan Panchal

Property, Recovery, Labour & Service, Landlord & Tenant, High Court, Customs & Central Excise, GST, Immigration, International Law, Family, Divorce, Cyber Crime, Documentation, Domestic Violence, Consumer Court, Arbitration, Armed Forces Tribunal, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Breach of Contract, Corporate, Child Custody, Civil, Court Marriage, Criminal, Insurance, Medical Negligence, Media and Entertainment, NCLT, Motor Accident, Muslim Law, R.T.I, Startup, RERA, Trademark & Copyright, Supreme Court, Wills Trusts, Revenue, Succession Certificate, Patent, Tax

Get Advice
Advocate Ahmar Siddique

Advocate Ahmar Siddique

Anticipatory Bail, Criminal, Cyber Crime, R.T.I, Muslim Law, Family, Divorce, Domestic Violence

Get Advice
Advocate Balamurugan J

Advocate Balamurugan J

Arbitration, Breach of Contract, Cheque Bounce, Criminal, Civil, Cyber Crime, Divorce, R.T.I, Property, Labour & Service, High Court, Recovery

Get Advice
Advocate Rakesh Kumar Sharma

Advocate Rakesh Kumar Sharma

High Court, Anticipatory Bail, Motor Accident, Civil, Cheque Bounce

Get Advice
Advocate Pankaj Kumar Mishra

Advocate Pankaj Kumar Mishra

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law

Get Advice
Advocate Soham Sur

Advocate Soham Sur

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Startup, Wills Trusts, Revenue

Get Advice

public international law Related Questions

Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.