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Supreme Court of India 2016-04-28 dismissed

Verhoeven, Marie-Emmanuelle vs Union of India & Ors

Bench: 2 — Madan B. Lokur

In Brief

Marie-Emmanuelle Verhoeven, a French national, sought habeas corpus and challenge to extradition proceedings initiated by Chile for her alleged involvement in the 1991 assassination of a Chilean Senator. The Supreme Court held that the extradition treaty dated 26 January 1897 between the United Kingdom and Chile remains binding on India under the Indian Independence (International Arrangements) Order, 1947, and that the Extradition Act, 1962 is applicable to Chile. The Court declined to decide on the merits of extradition, leaving that determination to the Magistrate. The writ petition and criminal appeal were dismissed, affirming that a binding extradition treaty exists.

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Extradition International Law Treaties Constitutional Law Criminal Procedure Succession of States

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