Abstract

This article analyses the law and procedure of extradition in Pakistan with special reference to Extradition Act 1972. Extradition is a surrender of an accused or convicted person from one state to other state on its request. It is also considered as a system by which one state delivers an accused person to another state on her demand. Moreover, extradition is also used as a tool and considered to be one of the stages to secure international criminal justice system. Furthermore, the focus of the study is to discuss the interpretation of Extradition Act 1972 by the superior courts in their decisions. This study reveals that there are some lacunas in Extradition Act 1972 i.e., there is no provision which safeguards the fugitive offenders from cruel, torture and other inhumane treatment in the requesting state, it does not guarantee the fair trial of the offender in demanding state, additionally, this Act does not provide any right of appeal against the order of surrender. Resultantly, this paper finds that Extradition Act 1972 provide less safeguard to the fugitive offender and did not guarantee the fair trial in the requesting state.

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