Supreme Court of India Today has rejected the Plea of a French Woman challenging her Extradition to Chili for her alleged involvement in a conspiracy to kill Senator Jaime Guzman Errazuriz on April 1, 1991. A two Judge Bench comprising of Justices Madan Lokur and N.V.Ramana has dismissed the Writ Petition filed by Marie-Emmanuelle Verhoeven holding that there is a valid and binding extradition treaty between India and Chile.
“On the basis of the material before us, we hold that there is a binding extradition treaty between India and Chile and that the provisions of the Extradition Act, 1962 (other than Chapter III thereof) are applicable to the Republic of Chile in respect of the offences specified in the Extradition Treaty.” Said the Court .
She was sought to be extradited from Germany but the proceedings terminated in her favour. She was then sought to be extradited from India but the Delhi High Court held that the extradition proceedings initiated against her were not in accordance with law. The present proceedings have arisen out of yet another requisition made by the Republic of Chile for her extradition to Chile to face trial in the assassination of the Chilean Senator.
The Court held as follows;
“The extradition proceedings pertaining to the petitioner are pending before the Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi. We make it clear that we have not pronounced on the merits of the controversy pending before him and have confined our consideration only to the existence or otherwise of the Extradition Treaty between India and Chile. The learned Magistrate should decide on the extradition of the petitioner on the merits of the case and the evidence before him. Any observations incidentally made by us on the merits of the extradition requisition will not bind the learned Magistrate for the purposes of the final outcome of the proceedings.”
Read the order here.