Supreme Court

Marie-Emmanuelle Verhoeven v. Union of India & ors.

28.04.2016

Criminal

Valid extradition treaty between India and Chile; MEA lambasted for lax attitude

India and Chile have subsisting between them a valid extradition treaty, under the Extradition Act 1962, the Supreme Court held.

The Court also concluded that even if such a binding commitment did not exist, “the principle of reciprocity and the general principles of international law for extraditing the Petitioner from India… do not debar requisition by Chile.” It delved into history of extradition law in India and chastised the Ministry of External Affairs for misleading citizens that India and Chile had entered into an extradition treaty in 2015. The Ministry’s “relaxed attitude” was also rebuked in light of India’s growing global clout.

Marie-Emmanuelle Verhoeven, the Petitioner, a French nation is accused of being a conspirator in the assassination of a Chilean senator in 1991. Previous extradition attempts in Germany and in India have proved unsuccessful for the Chilean government.

Tags : extradition treaty chile ministry of external affairs

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