| Case ID |
41ed7bd8-5a5c-4c80-a809-40a90f8f0578 |
| Body |
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| Case Number |
Civil Petition No. 1311 of 1998 |
| Decision Date |
Nov 06, 1998 |
| Hearing Date |
Nov 06, 1998 |
| Decision |
The Supreme Court upheld the decisions made by the Inquiry Magistrate and the Federal Government regarding the extradition of Abdul Ghaffar to the United States. The court ruled that the evidence presented, including affidavits from special agents of the Drug Enforcement Administration (DEA), was admissible and sufficient to establish a prima facie case against the petitioner. The Supreme Court maintained that the inquiry was conducted in accordance with the Extradition Act and that the personal appearance of witnesses was not necessary for the inquiry. The court dismissed the petition seeking discharge under section 12 of the Extradition Act, affirming that the proceedings were lawful and the extradition order was valid. |
| Summary |
This case revolves around the extradition of Abdul Ghaffar, a fugitive offender accused of narcotics trafficking, to the United States. It examines the legal frameworks governing extradition as established by the Extradition Act (XXI of 1972) and the procedural requirements for conducting inquiries into extradition requests. The Supreme Court of Pakistan ruled that the inquiry magistrate's reliance on affidavits from U.S. agents was appropriate and that the absence of personal witness testimony did not invalidate the evidence. The court emphasized that the inquiry's purpose was to establish a prima facie case rather than to conduct a full trial. This ruling underscores the importance of international cooperation in criminal matters, particularly in drug-related offenses, and sets a precedent for future extradition cases. Key legal terms include extradition, prima facie case, inquiry magistrate, and admissibility of evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Drug Enforcement Administration (DEA),
Central Jail, Adiala, Rawalpindi
|
| Judges |
AJMAL MIAN, C.J.,
MUNAWAR AHMED MIRZA,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
ABDUL BASEER QURESHI, Advocate Supreme Court,
EJ'AZ MUHAMMAD KHAN, Advocate-on-Record,
MAULVI ANWAR-UL-HAQ, D.A.-G.
|
| Petitioners |
ABDUL GHAFFAR
|
| Respondents |
FEDERATION OF PAKISTAN,
4 others
|
| Citations |
2000 SLD 1013,
2000 SCMR 1536,
2000 SLD 1426
|
| Other Citations |
Muhammad Azim Malik v. Government of Pakistan and others PLD 1989 SC 519,
Nasarullah Khan Henjra v. Government of Pakistan, Ministry of Interior and Narcotics Control (Interior Division), Islamabad and 3 others 1998 SCMR 1072,
Khalid Khan and another v. Government of Pakistan through Ministry of Interior and Narcotics Control, Islamabad and 3 others PLD 1994 SC 23,
Nargis Shaheen v. Federation of Pakistan through Secretary Interior, Islamabad and 5 others 1994 SCMR 1706,
Muhammad Azim Malik v. A.C. and S.D.M., Preedy (South), Karachi and others PLD 1989 SC 266,
Muhammad Azim Malik v. The Government of Pakistan, through Secretary, Ministry of Interior and 2 others PLD 1989 SC 469
|
| Laws Involved |
Extradition Act (XXI of 1972)
|
| Sections |
8(2),
12,
9
|