| Case ID |
22f2a0ae-5750-42bc-8a66-6d4e413c168f |
| Body |
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| Case Number |
I.C.A. No. 359 of 2016 in W.P. No. 1611 of 2016 |
| Decision Date |
May 17, 2018 |
| Hearing Date |
Sep 28, 2017 |
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by Muhammad Shahid challenging his extradition to the United Kingdom for serious charges including multiple murders. The court upheld the findings of the Enquiry Magistrate, which determined that a prima facie case existed against the appellant under the Extradition Act, 1972. The court ruled that the absence of an extradition treaty between Pakistan and the UK did not preclude extradition, provided the legal requirements under the Extradition Act were met. The court also noted that the procedural irregularities raised by the appellant were not sufficient to render the proceedings unlawful. The decision reinforced the legal principles governing extradition and the interpretation of prima facie evidence in such cases. |
| Summary |
This case involves the extradition of Muhammad Shahid from Pakistan to the United Kingdom, where he is accused of serious offenses, including the murder of eight individuals. The Islamabad High Court ruled on the legality of the extradition proceedings under the Extradition Act, 1972. The court found that the Enquiry Magistrate had established a prima facie case based on the evidence presented, including eyewitness statements and confessions. The court highlighted that despite the lack of an extradition treaty, the legal framework allows for extradition under specific conditions. The ruling emphasizes the importance of adhering to legal requirements in extradition cases and reflects on the balance between individual rights and international legal obligations. The decision is significant for its implications on future extradition requests and the interpretation of legal standards in such matters. |
| Court |
Islamabad High Court
|
| Entities Involved |
GOVERNMENT OF PAKISTAN,
BRITISH HIGH COMMISSION, ISLAMABAD
|
| Judges |
ATHAR MINALLAH,
MIANGUL HASSAN AURANGZEB
|
| Lawyers |
Malik Qamar Afzal,
Barrister Masroor Shah,
Khawaja Muhammad Imtiaz
|
| Petitioners |
MUHAMMAD SHAHID
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF INTERIOR, GOVERNMENT OF PAKISTAN, ISLAMABAD AND ANOTHER
|
| Citations |
2018 SLD 2641,
2018 PLD 258
|
| Other Citations |
Ahtabar Gul and another v. The State and another PLD 2014 Pesh. 10,
Mohammad Asim Malik v. Anwar Jalil PLD 1989 Lah. 279,
Nasrullah Khan Henjra v. Government of Pakistan, Ministry of Interior and Narcotics Control, Islamabad PLD 1994 SC 23
|
| Laws Involved |
Extradition Act, 1972,
Constitution of Pakistan, 1973
|
| Sections |
4,
5,
6,
7,
8,
15,
199
|