7. ***[Omitted].
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PART A -- EXTRADITION FROM PAKISTAN
1. Definition.-- Extradition means the surrender of a fugitive offender by one State to another in which the offender is liable to be punished or has been convicted. The law of extradition is based on the broad principle that it is in the interests of all nations that crimes recognised as such by the civilized world should not go unpunished.
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[2. Laws applicable.- The Extradition Act, 1972 (XXI of 1972), deals with the surrender of fugitive offenders to Foreign States.
3. Procedure of surrender of fugitives to Foreign States.- The Extradition Act, 1972 (XXI of 1972) defines the `extradition treaty', `fugitive offender' and `treaty State' and lays down the procedure, in Chapter II, for the surrender of fugitive offenders to foreign states, that is to say, the States with which an extradition treaty is for the time being in operation as well as other foreign states in relation to which a direction under sub-section (1) of section 4 of the said Act is in force.
4. Arrest and detention of "fugitive criminal" of Foreign States.- (1) When the Government of a Foreign State makes requisition for the surrender of a fugitive offender in accordance with section 6 of the Extradition Act, 1972, and the Federal Government has issued an order to enquire into the case to any Magistrate of the First Class (section 7), the Magistrate shall make an enquiry under section 8 and if, after the enquiry, the Magistrate is of the opinion -
(a) that a prima facie case has not been made out in support of the requisition, he shall discharge the fugitive offender and make report to that effect to the Federal Government;
(b) that a prima facie case has been made out in support of the requisition, he shall -
(i) report the result of his enquiry to the Federal Government;
(ii) forward, together with such report, any such statement which the fugitive offender may desire to submit for the consideration of the Federal Government; and
(iii) subject to any provision relating to bail, commit the fugitive offender to prison to await order of the Federal Government (see section 10 of the Extradition Act, 1972).
(2) The Federal Government may upon receipt of report under section 10, issue a warrant for the delivery of the fugitive offender at a place and to a person to be named in the warrant (section 11).
If a fugitive offender is not conveyed out of Pakistan within two months of his committal, he may apply to the High Court for his discharge (section 12).
The Federal Government may, for reasons mentioned in section 13, order a fugitive offender to be discharged].
5. ***[Omitted].
6. ***[Omitted].
7. ***[Omitted].
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