Govt told to abide by extradition law: Rashid Rauf’s case
By Bakhtawar Mian
ISLAMABAD, May 22: Justice Abdul Shakoor Paracha of the Rawalpindi bench of the Lahore High Court has directed the interior ministry and the Foreign Office to strictly abide by the extradition law while handing over a British national to the United Kingdom in exchange for eight wanted members of the Baloch Liberation Army.
In the verdict announced here on Tuesday, the court accepted the application filed by relatives of accused Rashid Rauf through Advocate Hashmat Ali Habib. They had expressed fear that the accused might be handed over to the British government in violation of the laws.
Agreeing with their apprehensions, the judge directed the interior ministry and the Foreign Office that the Pakistan Extradition Act 1972 should be followed in letter and in spirit in case negotiations were under way between Pakistan and Britain with respect to the extradition of Mr Rauf.
The judgment had been reserved on Monday.
According to the Extradition Act, the government cannot extradite a person wanted in another country for any purpose unless complete inquiries have been conducted against him and unless it has been proved that the accused is involved in activities which merit his extradition. The government is required to appoint a magistrate to hold full investigations for the purpose.
There is no extradition treaty between Pakistan and Britain. However, under Section 4 of the Extradition Act, if investigations conducted through a magistrate prove the allegations against a wanted person, he can be handed over to another country through special arrangements.
A British national of Pakistani origin, Mr Rauf was arrested in August 2006 in Multan for his alleged involvement in the plot to blow up transatlantic airliners in London.
An anti-terrorism court acquitted him of terrorism charges but he was not released and other allegations were framed against him.
A spokesman for the British government also visited Pakistan and requested his extradition in connection with the murder of Mr Rauf’s uncle Saeed Ahmad. At the time, Interior Secretary Syed Kamal Shah refused to hand him over on the plea that there were other charges against him.
As all the charges have been proven wrong, the government has offered his extradition in return for the eight BLA members accused of sabotage and insurgency.
