(Act XXI of 1972)
[25th September, 1972]
An Act
to consolidate and amend the law relating to the extradition of fugitive
offenders
Whereas it
is expedient to consolidate and amend the law relating to the extradition of
fugitive offenders;
It is hereby enacted as follows:---
CHAPTER I
PRELIMINARY
1.
Short title, extent commencement and application.
(1) This Act may be called the Extradition Act, 1972.
(2) It extends to
the whole of Pakistan
(3) It shall come
into force on such date as the Federal Government may, by notification in the
official Gazette, appoint.
(4) It shall apply
in relation to the return of persons to and to persons returned from,--
(a) a treaty State , subject to a declaration under section 3,
if any ; and
(b)
a foreign State not being a treaty State ,
subject to a direction under section 4.
2. Definitions.--(1)
In this Act, unless there is anything repugnant in the subject or context.-
(a) “extradition
offence” means an offence the act of omission constitution which falls within
any of the descriptions set out in the Schedule and, if it took place within,
or within the jurisdiction of Pakistan would constitute an offence against the
law of Pakistan and also--
(i)
in the case of treaty State, an offence a person accused of which is, under the
extradition treaty with that State, to be returned to or from that State; and
(ii)
in the case of a foreign State not being a treaty State ,
an offence specified in a direction issued under section 4;
(b)
“extradition treaty” means a treaty or agreement between Pakistan
(c)
“foreign State” includes every constituent part, colony or dependency of such
State;
(d)
“fugitive offender” means the person who, being accused or convicted of an
extradition offence is, or is suspected to be, in any part of Pakistan
(e)
“prescribed” means prescribed by rules made under this Act;
(f)
“treaty State ” means a foreign State with
which an extradition treaty is for the time being in operation.
(2)
In determining for the purposes of this Act whether an offence against the law
of a foreign State falls within a description set out in the Schedule, any
special intent or state or mind or special circumstances of aggravation which
may be necessary to constitute that offence under the law shall be disregarded.
3.
Treaty State .
(1) As soon as may be after the commencement of this Act, the Federal
Government shall publish in the official Gazette a list of the foreign State
with which an extradition treaty is in operation, specifying in respect of each
such State the offences persons accused of which are, under the treaty, to be
returned to or from that State.
(2) Whenever there
is concluded an extradition treaty between Pakistan and a foreign State, the
Federal Government may, by notification in the official Gazette, declare such
State to be a treaty State for the purposes of this Act.
(3) A declaration
under subsection (2) in relation to foreign State shall specify the offences
persons accused of which are, under the extradition treaty with that State, to
be returned to or from that State and may provide that this Act shall apply in
relation to that State with such modification as may be set out therein; and
the provision of this Act shall have effect accordingly.
4. Application of Act to non-treaty
States.-(1) Where the Federal; Government considers it expedient
that the persons who, being accused or convicted of offence at places within,
or within the jurisdiction of, a foreign State, are or are suspected to be in
Pakistan should be returned to that State, notwithstanding that there is no
extradition treaty with that State, it may, by notification in the official
Gazette, direct that the provisions of this Act, shall, with respect to such
offences and subject to such modifications, exceptions, conditions and qualifications,
if any, as may be specified therein, have effect in relation to that State.
(2)
Where a direction under subsection (1) in relation to a foreign State is in
force, the provisions of this Act shall, with respect to the offences specified
in that direction, have effect in relation to such State as if it were a treaty State .
CHAPTER II
SURRENDER OF FUGITIVE OFFENDERS
5. Liability of fugitive
offenders to be surrendered.(1) Subject to the provisions of subsection
(2), every fugitive offender shall be liable to be apprehended and surrendered
in the manner provided in this Act, whether the offence in respect of which his
surrender is sought was committed before or after the commencement of this Act
and whether or not a Court in Pakistan has jurisdiction to try that offence.
(2) No fugitive
offender shall be surrendered--
(a)
if the offence in respect of which his surrender is sought is of a political
character or if it is shown to the satisfaction of the Federal Government or of
the Magistrate or Court before whom he may be produced that the requisition for
his surrender has, in fact, been made with a view to his being tried or
punished for an offence of a political character;
(b)
if the offence in respect of which his surrender is sought is not punishable
with death or with imprisonment for life or a term which is not less than
twelve months ;
(c)
if the prosecution for the offence in respect of which the surrender is sought
is, according to the law of the State asking for the surrender, barred by time;
(d)
if there is no provision in the law of, or in the extradition treaty with, the
State asking for the surrender that the fugitive offender shall not, until he
has been restored or has had an opportunity of returning to Pakistan, be
detained or tried in that State for any offence committed prior to his
surrender, other than the extradition offence proved by the facts on which the
surrender is based ;
(e)
if it appears to the Federal Government that he is accused or alleged to have
been convicted of such no offence that if he were charged with that offence in
Pakistan he would be entitled to be discharged under any law relating to
previous acquittal or conviction ;
(f)
if he has been accused of some offence in Pakistan, not being the offence for
which his surrender is sought, or is undergoing sentence under any conviction
in Pakistan, until after he has been discharged, whether by acquittal or on the
expiration of his sentence or otherwise ;
(g)
if it is shown to the satisfaction of the Federal Government or of the
Magistrate or Court before whom he may be produced that he might if surrendered
by prejudiced at his trial or punished, detained or restricted in his personal
liberty by reason of his race, religion, nationality or political opinions.
6.
Requisition for surrender of fugitive offender.
A requisition for the surrender of a fugitive offender shall be made to the
Federal Government: --
(a)
by a diplomatic representative in Pakistan
(b)
by the Government of the State asking for the surrender through the diplomatic
representative of Pakistan
(c)
in such other manner as may have been settled by arrangement between the
Federal Government and the Government of the State asking for the surrender.
7.
Order of Magisterial enquiry.-Where a requisition is made under
section 6, the Federal Government may, if it thinks fit, issue an order to enquire
into the case to any Magistrate of the First Class who would have had
jurisdiction to enquire into the extradition offence to which the requisition
relates if it had been an offence committed within the local limits of his
jurisdiction.
8.
Magisterial enquiry.
(1) On receipt of an order under section 7, the Magistrate shall issue a summon
or a warrant for the arrest of the fugitive offender according as the cause
appears to be one in which according to the law of Pakistan
(2) When the
fugitive offender appears or is brought before him, the Magistrate shall
enquire into the case in the same manner, and have the same jurisdiction and
powers, as nearly as may be, as if the case were one triable by a Court of
Session and shall take such evidence as may be produced in support of the
requisition and on behalf of the fugitive offender, including any evidence to
show that the offence of which the fugitive offender is accused or alleged to
have been convicted is an offence of a political character or is not an
extradition offence.
9.
Receipt in evidence of exhibits, depositions, etc.-(1)
In any proceedings against a fugitive offender under this Act, exhibits and
depositions, whether or not they are received or taken in the presence of the
person against whom they are used, and copies thereof, and official
certificates of facts and judicial documents stating facts, may, if duly
authenticated, be received as evidence.
(2) Warrants,
depositions or statements on oath which purport to have been issued, received
or taken by any Court of Justice outside Pakistan, or copies thereof, and
certificates of, or judicial documents stating the fact of, conviction before
any such Court, shall be deemed duly authenticated-
(a)
if the warrant purports to be signed by a Judge, Magistrate, or officer of the
State where the same was issued or acting in or for such State ;
(b)
if the depositions or statements or copies thereof purport to be certified,
under the hand of a Judge, Magistrate or officer of the State where the same
were taken or acting in or for such State to be the original depositions or
statements or to be true copies thereof, as the case may require;
(c)
if the certificate of, or judicial document stating the fact of, a conviction
purports to be certified by a Judge, Magistrate or officer of the State where
the conviction took place or acting in or for such State ; and
(d)
if the warrant depositions, statements, copies, certificates and judicial
documents, as the case may be, are authenticated by the oath of some witness or
by the official seal of a minister of the State where the same were
respectively issued, taken or given.
(3) For the
purpose of the section, 'warrant' includes any judicial document authorizing
the arrest of any person accused or convicted of an offence.
10.
Magistrate to report after the enquiry.-lf, after
the enquiry under section 8, the Magistrate is of opinion-
(a)
that a prima facie case has not been made out in support of the requisition for
surrender of the fugitive offender, he shall discharge the fugitive offender
and make a report to that effect to the Federal Government;
(b)
that a prima facie case has been made out in support of such requisition, be
shall-
(i) report
the result of his enquiry to the Federal Government
(ii)
forward, together with such report, any written statement which the fugitive
offender may desire to submit for the consideration of the Federal Government;
and
(iii)
subject to any provision relating to bail, commit the fugitive offender to
prison to await the orders of the Federal
Government.
11. Removal and
delivery of the fugitive offender. If upon receipt of the report and
statement under clause (b) of section 10, the Federal Government is of opinion
that the fugitive offender ought to be surrendered, it may issue a warrant for
the custody and removal of the fugitive offender and for his delivery at a
place and to a person to be named in the warrant:
Provided that the fugitive offender shall not be so
delivered until after the expiration of fifteen days from the date he has been
taken in custody under such warrant.
12.
Discharge of person apprehended if not surrendered within two months.
If a fugitive offender who, in pursuance of this Act, has been taken into
custody to await his surrender is not conveyed out of Pakistan within two
months after such committal, the High Court, upon application made to it by or
on behalf of the fugitive offender and upon proof that reasonable notice of the
intention to make such application has been given to the Federal Government,
may order such prisoner to be discharged unless sufficient cause is shown to
the contrary.
13.
Powers to the Federal Government to discharge a fugitive offender.
If it is appears to the Federal Government that by reason or the trivial nature
of the case of by reason of the application for the surrender of a fugitive
offender not being made in good faith or in the interest of justice or for any
other reason it would be unjust or inexpedient to surrender the fugitive
offender, it may, by order, at any time stay the proceedings under this Act,
against him and direct any summons or warrant issued under this Act, to be
cancelled and the fugitive offender, if he is in custody or under detention, to
be discharged.
14. Simultaneous
requisitions. If requisitions for the surrender
of a fugitive offender are received from more than one treaty
State , the Federal Government may, having regard to the
circumstances of the case, surrender the fugitive offender to such State as it
may think fit.
CHAPTER III
SURRENDER TO PAKISTAN
15.
Requisition for surrender of persons to Pakistan Pakistan
(a) to the
diplomatic representative in Pakistan
(b)
to the Government of that State through the diplomatic representative of Pakistan
(c)
in such other manner as may have been settled by arrangement between the
Federal Government and the Government of that State.
16.
A person surrendered by a treaty State not to
be tried for previous offence. A person surrendered by a treaty
State in pursuance of a requisition under section 15 shall not, until he has
been restored or has had an opportunity of returning to that State, be tried in
Pakistan for an offence committed prior to the surrender, other than the
extradition offence proved by the facts on which the surrender is based.
17.
Return of the persons surrendered to Pakistan Pakistan
(a)
proceedings against him for the offence for which he has surrendered are not
begun within the period of six months from the day of his arrival in Pakistan
(b) he is
acquitted or discharge on his trial for that offence.
CHAPTER IV
MISCELLANEOUS
18.
Jurisdiction as to offences committed at sea or in air.
Where the offence in respect of which the surrender of a fugitive offender is
sought was committed on board any vessel on the high seas or any aircraft in
the air outside Pakistan or the Pakistan territorial waters and such vessel or
aircraft comes into any port or aerodrome of Pakistan with the fugitive
offender on board, the Federal Government and any Magistrate having
jurisdiction in such port or aerodrome may exercise the powers conferred on it
or him by this Act.
19.
Release of persons arrested on bail. The provisions of the Code of
Criminal Procedure, 1898 (Act V of 1898), relating to bail shall apply to a
fugitive offender arrested or detained under this Act in the same manner as
they would apply if he were accused of committing in Pakistan the offence of
which he is accused or has been convicted; and in relation to such bail the
Magistrate before whom he is brought shall have, as far as may be, the same
powers and jurisdiction as a Court of Session under that Code.
20.
Property found on fugitive offender. Everything found in the possession
of a fugitive offender at the time of his arrest which may be material as
evidence in proving the extradition offence may be delivered up with the
fugitive offender on his surrender, subject to the rights, if any, of third
parties with respect thereto.
21.
Lawfulness of custody and re-taking under warrant issued under Act.
It shall be lawful for any person to whom a warrant is directed in pursuance of
the provisions of this Act to receive, hold in custody and convey the fugitive
offender mentioned in the warrant to the place named in the warrant, and, if
such offender escapes out of any custody to which he may be delivered in
pursuance of such warrant, he may be re-taken as a person accused of an offence
against the law of Pakistan may be re-taken upon an escape.
22.
Power to make rules. (1) The Federal Government may, by
notification in the official Gazette, make rules for carrying out the purposes
of this Act.
(2) In particular
and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely.
(a)
the form in which a requisition for the surrender of a fugitive offender may be
made ;
(b)
the removal of fugitive offenders apprehended or in custody under this Act and
their control and maintenance until such time as they are handed over to the
persons entitled to receive them ;
(c)
the seizure and disposition of any property which is the subject of, or
required for proof of, any alleged offence with respect to which this Act
applies; and
(d)
the form and manner in which the Magistrate may be required to make his report
to the Federal Government under this Act.
23.
Power to amend the Schedule. The Federal Government may, by
notification in the official Gazette, amend the Schedule so as to add any entry
thereto or modify or omit any entry therein.
24.
Repeal.
The Extradition Act, 1903 (XV of 1903), is hereby repealed.
________________________________
THE SCHEDULE
[See section 2 (1) (a)]
[See section 2 (1) (a)]
EXTRADITION OFFENCES
1. Culpable
homicide.
2.
Maliciously or wilfully wounding grievous bodily harm.
3.
Rape.
4.
Procuring or trafficking in women or young persons for immoral purposes.
5.
Kidnapping, abduction or false imprisonment or dealing in slaves.
7.
Bribery.
8.
Perjury or subornation of perjury or conspiring to defeat the course of
justice.
9.
Arson.
10.
An offence concerning counterfeit currency.
11.
An offence against the law relating to
forgery.
12.
Stealing embezzlement, fraudulent conversion, fraudulent false accounting,
obtaining property or credit by false pretences receiving stolen] property or
any other offence in respect of property involving fraud.
13.
Burglary, house-breaking or any similar offence.
14.
Robbery.
15.
Blackmail or extortion by means of threats or by abuse of authority.
16.
An offence against bankruptcy law or
company law.
17.
Malicious or wilful/damage to property.
18.
Acts done with the intention of endangering vehicles, vessels or aircraft.
19.
An offence against the law relating to dangerous drugs or narcotics.
20.
Piracy.
21.
Revolt against the authority of the master of a ship or the commander of an
aircraft.
22.
Contravention of import or export prohibitions relating to precious stones,
gold and other precious metals.
23.
Aiding an abetting or counseling or
procuring the commission of, or being and accessory before or after the fact
to, or attempting or conspiring to commit, any of the aforesaid offences.
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