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.
