In Brief
Marie-Emmanuelle Verhoeven, a French national, was arrested on the basis of a Red Notice for her alleged involvement in the 1991 assassination of a Chilean Senator. She challenged her provisional arrest and extradition proceedings, arguing no valid extradition treaty existed between India and Chile. The Supreme Court held that an extradition treaty entered into by the United Kingdom of Great Britain and Ireland with Chile in 1897 continued to bind India upon independence in 1947, devolved through the Indian Independence (International Arrangements) Order. The Extradition Act, 1962 expressly includes pre-1947 treaties binding on India. The Government of India's formal notification making the Act applicable to Chile confirmed recognition of the treaty. Provisional arrest under the Act is valid based on urgent State requests through diplomatic channels, and extradition may proceed on grounds of reciprocal international law principles. The appeal was dismissed and extradition proceedings allowed to continue before the Magistrate on their merits.
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