VERHOEVEN, MARIE-EMMANUELLE vs UNION OF INDIA AND ORS.

The Supreme Court affirmed that there exists a binding extradition treaty between India and Chile under Section 2(d) of the Extradition Act, 1962. The Court also held that even in the absence of such a treaty, a requisition for extradition based on reciprocity and international law principles is maintainable. However, the decision to extradite the petitioner must be made by the concerned Magistrate based on the evidence presented. The Court emphasized the importance of Article 21 of the Constitution, which guarantees the right to life and personal liberty to all individuals in India, including non-citizens.