Delhi High Court today reserved its verdict on the plea of a French woman challenging the government's decision to initiate extradition proceedings against her for her alleged involvement in the assassination of a Chilean senator.
A bench of Chief Justice G Rohini and Justice Jayant Nath said it would consider the arguments on behalf of the government and the woman, Marie-Emmanuelle Verhoeven, and pass orders on her plea.
The counsel for Verhoeven, who is in Tihar jail since her arrest on February 16 pursuant to a red corner notice, argued before the court that at the time of arrest, there was no valid treaty between India and Chile.
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56-year-old Verhoeven is alleged to have participated in a conspiracy leading to the assassination of Chilean Senator Jaime Guzman Errazuriz on April 1, 1991.
Her lawyers contended that in the absence of a valid treaty, convention or arrangement with Chile, the Extradition Act would not apply on her.
Regarding the 118-year-old treaty of 1897 between the British Empire and Chile, the counsel contended it was never extended to India by the UK.
The treaty was ratified by the government on April 28 by way of notification and therefore, her arrest and detention was illegal, her counsel argued.
The government, on the other hand, contended that since Verhoeven was a fugitive criminal, even in the absence of a extradition treaty with Chile, the Act would apply to her.
It also said that as per the Act, an extradition treaty includes treaties relating to extradition of fugitive criminals, which were made before Independence and extended and were binding on India.
Verhoeven's counsel opposed this argument saying that the website of Ministry of External Affairs shows around 627 treaties made before 1947 which devolved upon India after Independence, but there was no mention of Chile in that list.
