Extraordinary Pak-UK cooperation in Imran Farooq murder case
ISLAMABAD: Some major developments are expected in the Dr Imran Farooq murder case as the government is looking into the legal options of handing over the suspected killers to the London police.Official sources said that top government legal experts, while quoting Section 4 of the Extradition Act 1972, have suggested
By our correspondents
July 01, 2015
ISLAMABAD: Some major developments are expected in the Dr Imran Farooq murder case as the government is looking into the legal options of handing over the suspected killers to the London police.
Official sources said that top government legal experts, while quoting Section 4 of the Extradition Act 1972, have suggested to the authorities that despite the non-existence of an extradition treaty between Pakistan and Britain, the government could hand over one or more of the accused to London.
However, the decision regarding the handing over of the accused — Khalid Shamim, Mohsin Ali and Moazzam Ali — to the UK authorities is said to be linked to the British response to Pakistan’s eagerness to get the custody of some Baloch separatist leaders involved in the Balochistan unrest.
Generally, it is believed that under the present set of laws, Dr Imran Farooq murder suspects could not be handed over to Britain. However, the top government legal experts have told the authorities that the Section 4 of the Extradition Act of 1972 provides the solution.
The section reads: “(1) Where the federal government considers it expedient that the persons who, being accused or convicted of offence at places within, or within the jurisdiction of a foreign State, are or are suspected to be in Pakistan should be returned to that State, notwithstanding that there is no extradition treaty with that State, it may, by notification in the official Gazette, direct that the provisions of this Act, shall, with respect to such offences and subject to such modifications, exceptions, conditions and qualifications, if any, as may be specified therein, have effect in relation to that State. (2) Where a direction under sub-section (1) in relation to a foreign State is in force, the provisions of this Act shall, with respect to the offences specified in that direction, have effect in relation to such State as if it were a treaty State.”
It is said that the recent grant of power to FIA to detain alleged criminals for 90 days was also connected with the Imran Farooq case as the government wanted the federal agency to have the custody of the suspects, two of whom were formally arrested from Chaman but were believed to be under agencies’ detention ever since their arrest from the Karachi airport in 2010.
The federal government, through a federal agency, wants to talk directly with the British authorities in this high profile murder case. To facilitate the Pak-British cooperation in this case, the sphere of Pakistan Protection Act was extended to the FIA, which was also handed the custody of the alleged murderers of Dr Imran Farooq.
For the purpose, a Scotland Yard team has already arrived in Islamabad to investigate the accused. The visiting Scotland Yard officials will also hold meetings with the FIA officials engaged in the investigation of the case.
The British authorities have been insisting upon Pakistan for quite some time for direct access to the alleged killers of Dr Imran Farooq. It is said that a joint investigative team comprising officials of Scotland Yard and FIA had already been constituted and the visit of Scotland Yard officials is a sequel to the understanding between Pakistan and British authorities so that the Imran Farooq murder case could be taken to its logical end.The Scotland Yard team will question Mohsin Ali, Shamim Khalid and Moazzam Ali.
Official sources said that top government legal experts, while quoting Section 4 of the Extradition Act 1972, have suggested to the authorities that despite the non-existence of an extradition treaty between Pakistan and Britain, the government could hand over one or more of the accused to London.
However, the decision regarding the handing over of the accused — Khalid Shamim, Mohsin Ali and Moazzam Ali — to the UK authorities is said to be linked to the British response to Pakistan’s eagerness to get the custody of some Baloch separatist leaders involved in the Balochistan unrest.
Generally, it is believed that under the present set of laws, Dr Imran Farooq murder suspects could not be handed over to Britain. However, the top government legal experts have told the authorities that the Section 4 of the Extradition Act of 1972 provides the solution.
The section reads: “(1) Where the federal government considers it expedient that the persons who, being accused or convicted of offence at places within, or within the jurisdiction of a foreign State, are or are suspected to be in Pakistan should be returned to that State, notwithstanding that there is no extradition treaty with that State, it may, by notification in the official Gazette, direct that the provisions of this Act, shall, with respect to such offences and subject to such modifications, exceptions, conditions and qualifications, if any, as may be specified therein, have effect in relation to that State. (2) Where a direction under sub-section (1) in relation to a foreign State is in force, the provisions of this Act shall, with respect to the offences specified in that direction, have effect in relation to such State as if it were a treaty State.”
It is said that the recent grant of power to FIA to detain alleged criminals for 90 days was also connected with the Imran Farooq case as the government wanted the federal agency to have the custody of the suspects, two of whom were formally arrested from Chaman but were believed to be under agencies’ detention ever since their arrest from the Karachi airport in 2010.
The federal government, through a federal agency, wants to talk directly with the British authorities in this high profile murder case. To facilitate the Pak-British cooperation in this case, the sphere of Pakistan Protection Act was extended to the FIA, which was also handed the custody of the alleged murderers of Dr Imran Farooq.
For the purpose, a Scotland Yard team has already arrived in Islamabad to investigate the accused. The visiting Scotland Yard officials will also hold meetings with the FIA officials engaged in the investigation of the case.
The British authorities have been insisting upon Pakistan for quite some time for direct access to the alleged killers of Dr Imran Farooq. It is said that a joint investigative team comprising officials of Scotland Yard and FIA had already been constituted and the visit of Scotland Yard officials is a sequel to the understanding between Pakistan and British authorities so that the Imran Farooq murder case could be taken to its logical end.The Scotland Yard team will question Mohsin Ali, Shamim Khalid and Moazzam Ali.
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