Pakistan can, in fact, hand over fugitives to India

[linkinpark]

Pak can, in fact, hand over fugitives to India


PTI | January 18, 2009 | 16:56 IST

Pakistan, which is claiming it has no legal arrangement with India for handing over terror suspects following the Mumbai attacks, is forgetting one of its own Acts, which provides for transfer of such people to a country with which it has not signed an extradition treaty.

The Extradition Act, 1972 of Pakistan clearly specifies that Islamabad can hand over anyone accused of terrorism or any other criminal act in a foreign country to that government even if there is no Extradition Treaty.

The Act underlines that a suspect, sought for any offence by a country with which Pakistan has no extradition treaty, should be 'surrendered' irrespective of whether a court in Pakistan has jurisdiction to try that offence.

"Where the Federal government considers it expedient that the persons who, being accused or convicted of offences at places within, or within the jurisdiction of, a foreign State, are or are suspected to be in Pakistan should be returned to the State (country), notwithstanding that there is no extradition treaty with that State," says Section 49(1) of the Act.

The law, enacted on September 24, 1972, says that under the Act the suspects can be handed over to a country with which there is no extradition treaty exactly like it is done in the case of a country with which Pakistan has such inked such an accord.

The Act makes it clear that "every fugitive offender shall be liable to be apprehended and surrendered in the manner provided in this Act, whether the offence in respect of which his surrender is sought was committed before or after the commencement of this Act and whether or not a court in Pakistan has jurisdiction to try that offence."

India has been pressing Pakistan to hand over about 40 fugitives of Indian law, including Jaish-e-Mohammad chief Masood Azhar and Lashkar-e-Taiba chief Hafiz Saeed, who are wanted in serious crimes of terrorism in the country.

Pakistan, however, has been claiming that since it has no extradition treaty with India, it would not be able to hand over any of the Pakistani nationals.

Commenting on the Extradition Act of Pakistan, official sources in New Delhi wondered why Islamabad is claiming it cannot hand over anybody if such a law exists in that country.

"This raises questions over Pakistan's sincerity," the sources said, adding the world should take note of it.

The Act says that a requisition for the 'surrender of a fugitive offender' shall be made to Federal government of Pakistan by a diplomatic representative in Pakistan of a country asking for the surrender, or by the government of a country asking for the surrender through the diplomatic representative of Pakistan in that country.

The requisition can also be made in any other manner "as may have been settled by arrangement between the Federal government (of Pakistan) and the government of the State asking for the surrender," the Pakistani Act says.

The sources pointed out that India has already made requisitions to Pakistan government in the format prescribed in that country's law but still it is not acting. "This, in fact, amounts to violation by the Pakistan government of its own law," they said.

The law also makes it clear that a fugitive may be extradited even if an offence has been committed on board any vessel on the high seas or any aircraft in the air outside Pakistan or the Pakistan territorial waters and such vessel or aircraft comes into any port or aerodrome of Pakistan with the fugitive offender on board.


URL for this article:
Pak can, in fact, hand over fugitives to India

 

[was]

go to hell india, the pakistani investigation is not finished yet so we dont know if these terrorists were captured by raw or something like that

 

[ajpirzada]

well its quite obvious that we can. but the question is will we? pakistan is not bound to do that as there is no treaty bw india and pakistan. those who refer to SAARC thing are not fully aware of wat it says. that treaty allows u to hand over but doesnt bound u to that. so in simple words its all upto pakistan and india cant force us.

 

[PureLogic]

go to hell india, the pakistani investigation is not finished yet so we dont know if these terrorists were captured by raw or something like that

Emotions.....

They do good only for the movies. The truth is Pakistan should have taken the right decision weeks before.

 

[PureLogic]

well its quite obvious that we can. but the question is will we? pakistan is not bound to do that as there is no treaty bw india and pakistan. those who refer to SAARC thing are not fully aware of wat it says. that treaty allows u to hand over but doesnt bound u to that. so in simple words its all upto pakistan and india cant force us.

Treaty or not, a nation is not forced to do anything by just putting pressure. The way is to show possible future losses to that nation. India is trying to do this.

And if Pakistan can do this, then why not to do it? My point is, is it worth the risk and losses??

 

[Jihad]

Pakistan can, but is it willing to..?
Ask yourself these questions, goes for all you Indians.
Would you do a favor for someone who's been threatening to kill you from the very start?
Think beyond your Indian superiority mentality.

 

[was]

Emotions.....

They do good only for the movies. The truth is Pakistan should have taken the right decision weeks before.

look hwo is talking about movies

and these are not emotions, i,m not going to be emotional beacause of indians,they are not so important for me,indeed they can go to the hell for what i care

 

[PureLogic]

Pakistan can, but is it willing to..?
Ask yourself these questions, goes for all you Indians.
Would you do a favor for someone who's been threatening to kill you from the very start?
Think beyond your Indian superiority mentality.

have you self-hypnotized yourself or what?

It was GoI who denied to hand over the criminals first. Then came the 'threats' thing. 'All options are open' was the response for the denial of GoP. So 'threatening to kill you from very start' is nothing but BS. Pakistan has started all this by denying to hand over the criminals, even it was possible for them to do it without going outside the Pakistani Law. (I did not know it then, naturally).

Was it a joke or something? Now it seems Pakistan is doing this very intentionally. For winning the elections in Pakistan, you need to keep people in state of some fear and show yourself as the only option they have. For years, India has been presented as a threat for Pakistanis by their politicians. Same was the reason that military could rule that nation for so long and so frequently. Now there is a reason to think this was the intention of GoP behind this denial.

If anybody wants to reply this post, first answer 'why, on the first place, Pakistan denied to hand over the criminals?' And it is not the first time India has demanded for them. Every time, GoP came up with the 'treaty' thing. Certainly, all that was before the 'threats'.

 

[Jihad]

have you self-hypnotized yourself or what?

It was GoI who denied to hand over the criminals first. Then came the 'threats' thing. 'All options are open' was the response for the denial of GoP. So 'threatening to kill you from very start' is nothing but BS. Pakistan has started all this by denying to hand over the criminals, even it was possible for them to do it without going outside the Pakistani Law. (I did not know it then, naturally).

Was it a joke or something? Now it seems Pakistan is doing this very intentionally. For winning the elections in Pakistan, you need to keep people in state of some fear and show yourself as the only option they have. For years, India has been presented as a threat for Pakistanis by their politicians. Same was the reason that military could rule that nation for so long and so frequently. Now there is a reason to think this was the intention of GoP behind this denial.

If anybody wants to reply this post, first answer 'why, on the first place, Pakistan denied to hand over the criminals?' And it is not the first time India has demanded for them. Every time, GoP came up with the 'treaty' thing. Certainly, all that was before the 'threats'.

You talk about "at first place".
Fact is, at the very 1st place, there was no credible proof from India, so why would Pakistan hand over thin AIR.

Second, your countries threats came right after Pakistan dismissed your governments pathetic ways of trying to accuse Pakistan without having ANY evidence for it.

Thanks.

 

[PureLogic]

You talk about "at first place".
Fact is, at the very 1st place, there was no credible proof from India, so why would Pakistan hand over thin AIR.

Second, your countries threats came right after Pakistan dismissed your governments pathetic ways of trying to accuse Pakistan without having ANY evidence for it.

Thanks.

I had expected this BS.

Can't you read. Go and see the last paragraph of my post.

This is not the first time India is demanding this. And this is not the first time Pakistan has denied it. There were lots of names, addresses, proofs, photos sent to Pakistan before this. But what's the result??

When a criminal, after committing a crime in India, gets a shelter in Pakistan he does not act as a saint. There he starts harming law and order again. But what one can do if Pakistan has decided to f*ck itself??

 

[Jihad]

I had expected this BS.

Can't you read. Go and see the last paragraph of my post.

This is not the first time India is demanding this. And this is not the first time Pakistan has denied it. There were lots of names, addresses, proofs, photos sent to Pakistan before this. But what's the result??

When a criminal, after committing a crime in India, gets a shelter in Pakistan he does not act as a saint. There he starts harming law and order again. But what one can do if Pakistan has decided to f*ck itself??

Now now, facts are facts, and I am only stating them as they are.
There was nothing credible sent to Pakistan "before this" that could lead to the identity of Ajmal Kasab, also, mind your words, I thought you called me a frustrated, patriotic and emotional teenager.
I know it hurts when the govt. of Pakistan simply does not put up with irrational Indian demands, so how about your govt. try and act in a different, more friendly way?
Afterall, it looks like now, your govt. officials have realised that al this power bolstering and warmongering attitude has led them to nowhere.
Pakistan is always open for talks and co-operation but not under immense pressure and unreasonable terms.

 

[Thebignag]

Hi Jihad,

I have been following your posts for quite some time. Your post are quite reasonable and logical, hence, I would assume, the author to be same. Leaving aside, the Mumbai issue, there are a few issues, for which I would request you to share your views on.

Terror : Whether we like it or not, fact remains that terror acts in Pakistan has risen alarmingly in the last few years.

Terror Deaths : Number of people who die in Pakistan is the highest in the world and much more than India

Arms : Unlicensed arms are prevalent in the society, specially in the Tribal areas, where Automatic weapons are owned and used by civilians.

Economic Problem : Pakistan today is facing a major Economic problem, with inflation crossing 20%. Forex reserves at it lowest. Similar to India in 1990-91.

Keeping the above in view, what, in your opinion, should Pakistan do to actualize itself and what , should be ( not be ) the role of India. ( This is in no way an attempt to compare India with Pakistan )

Looking forward to your response.

 

[Thebignag]

Afterall, it looks like now, your govt. officials have realised that al this power bolstering and warmongering attitude has led them to nowhere.

Jihad, Don't you think the objective of the GOI has be partially achieved? One post of mine, mentions that strategic depth is responsible for the Mumbai attack... If the truth is somewhat similar to my chain of thoughts, than the Indian government's response fall in place.....

 

[indimadness]

Pakistan can, but is it willing to..?
Ask yourself these questions, goes for all you Indians.
Would you do a favor for someone who's been threatening to kill you from the very start?
Think beyond your Indian superiority mentality.

Joke? ehh?
Look who's talking about mentality, what do you call this

Would you do a favor for someone who's been threatening to kill you from the very start?

And then you blame us for our wrong perceptions about Pakistan.Great!

 

[AgNoStiC MuSliM]

Politically, extradition was out of the question after the GoI and Indian media's attitude in the aftermath of Mumbai - we already knew that Pakistan could potentially extradite as a signatory to the SARC charter, which allows for such in the absence of treaties.

The government in Pakistan has to answer to the electorate as well - India herself dashed any hopes of extradition to the ground to the ground with her belligerence. Next time they should learn to be a bit more civil and respectful while asking for favors.