ISLAMABAD: The Supreme Court on Monday sought the detail of extradition treaty with America regarding exchange of accused involved in various crimes. A three-judge bench, headed by Justice Mushir Alam, on Monday heard an appeal of Haroonur Rashid, father of Pakistani origin US national Talha Haroon.
The court summoned Attorney General for Pakistan and secretary Foreign Office, and ordered them to provide detail how many accused were brought from USA to Pakistan and how many were handed over to America. Justice Qazi Muhammad Amin Ahmed said if there was no extradition treaty between America and Pakistan then how the accused could be transferred to the USA. He inquired from the additional attorney general to inform about the evidence against Talha on the basis he could be handed over to USA. Justice Qazi Amin said since Pakistan was a sovereign country then how it could hand over its citizen to USA and others, adding the court would defend its citizens in accordance with the law.
The case was adjourned for two weeks. A division bench of IHC comprising Justice Aamer Farooq and Justice Miangul Hussain Aurangzeb on 18th August turned down an Intra-Court Appeal (ICA) against extradition of a Pakistani origin US national Talha Haroon allegedly involved in hatching a conspiracy to carry out a terrorism activity in New York, USA.
The IHC had remanded the matter to the Enquiry Magistrate, so as to afford an opportunity to the prosecution to produce the affidavit/deposition of the UC [Undercover law enforcement officer] (without disclosing his identity), made in accordance with Section 9(2) of the 1972 Act. The Court had directed the Enquiry Magistrate to give a finding on the question whether conspiracy to commit acts of terrorism (i.e. the offence which appellant No.2 is alleged to have committed) is an extradition offence so as to attract the provisions of the 1972 Act.
In the ICA of Talha's father, Haroonur Rashid stated, being aggrieved of the finding of enquiry officer and order of the Ministry of Interior, filed a petition before the IHC, which vide a judgment dated 03 May 2019, disposed of the same with a direction to enquiry officer to conclude the enquiry within a period of 60 days, afresh. Hence, he has filed this intra-court appeal against the aforementioned judgment. He added that the petition filed by the appellants was disposed of by the learned single judge without any direction or order for discharging and releasing the appellant's son.
The federation had also impugned the IHC single judge judgment dated 03 May 2019 only to the extent of the Judge-in-Chambers holding that the witnesses who submitted their affidavits in support of the extradition request have to be cross-examined and that the investigation officer of the country making the extradition request has to appear before the Enquiry Magistrate and record his evidence.
Copyright Business Recorder, 2020
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