Answer By law4u team
The Supreme Court of India stands as the highest judicial authority in the country and plays a pivotal role in extradition cases by ensuring that the proceedings conform to constitutional mandates, protecting individual rights, and upholding the rule of law.
Role and Powers of the Supreme Court in Extradition
Final Appellate Authority
The Supreme Court hears appeals against orders of the High Courts related to extradition matters, providing the ultimate judicial review.
Its decisions are binding on all lower courts and authorities.
Protection of Fundamental Rights
It safeguards the fugitive’s constitutional rights under Articles 14 (Equality before law), 21 (Right to Life and Personal Liberty), and other provisions during extradition proceedings.
Judicial Review of Extradition Process
The Supreme Court scrutinizes the legality, fairness, and compliance of extradition with domestic laws (Extradition Act, 1962) and international obligations.
It ensures no miscarriage of justice occurs in surrendering a person to a foreign jurisdiction.
Granting Special Leave to Appeal (SLA)
Under Article 136 of the Constitution, the Supreme Court can grant special leave to appeal against any order relating to extradition from High Courts or lower courts.
Issuing Writs and Interim Orders
The Court can issue writs like habeas corpus or stay orders to protect individuals from unlawful detention or extradition.
Balancing International Cooperation and Individual Rights
The Supreme Court plays a crucial role in balancing India’s commitment to international cooperation against the protection of individual liberties and human rights.
Example
In a high-profile extradition case involving allegations of financial fraud, the fugitive appealed to the Supreme Court after the High Court ordered extradition. The Supreme Court reviewed the case for compliance with due process and fundamental rights, ultimately upholding the need for further investigation before surrender, thereby ensuring justice and fairness.
