The Indo-Chilean Extradition Treaty

On 26th January, 1897 the United Kingdom of Great Britain and Ireland and the Republic of Chile entered into a Treaty for the Mutual Surrender of Fugitive Criminals (“Treaty”).

My Lord, Is the Treaty still in force and binding on India and Chile?

This question may first be looked at from the point of view of the Republic of Chile. The Supreme Court of Chile, in its decision rendered… on 11th November, 2015… made it clear that there was in fact an Extradition Treaty between Chile and India executed on 26th January, 1897 and that it was in force and binding on India. It was made clear that even the Government of Chile was bound by the provisions of the Extradition Treaty.

Now, the issue may be looked at from the point of view of the Government of India. In our opinion, there is more than sufficient material to conclude that from 1897-1898 onwards, the Government of British India and the Government of India considered itself bound by the Extradition Treaty entered into with the Republic of Chile on 26th January, 1897 and the Government of India has always been of the view that the Extradition Treaty is in force in India.

It was pointed out that the official website of the Ministry of External Affairs informs everybody that India had entered an Extradition Treaty with Chile in 2015. It is extremely unfortunate that the official website of the Ministry of External Affairs gives misleading information not only to Indians but also to the world at large. All that we need say is that in this day and age when communication and communication technology are so important, the Ministry of External Affairs has to be far more careful in the information that it disseminates...”

Hon’ble Justice Madan B. Lokur, Verhoeven, Marie Emmanuelle v. Union of India, [Writ Petition (Criminal) No. 178 of 2015].

Verhoeven

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