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PLD 1994 SC 23

NASRULLAH KHAN HENJRA

Versus

GOVERNMENT OF PAKISTAN

Per Saad Saood Jan, J.
(a) Constitution of Pakistan, 1973, Articles, Preamble, 15 and Federal Legislative List, Part I, item No. 3

It therefore seems that Article 15 was never intended to afford protection against extradition to citizens who are accused of serious crimes in other countries. This view finds support from the fact that item No. 3 of the Federal Legislative List, Part I, of the Constitution specifically empowers the Parliament to make laws on the subject of extradition including the surrender of criminals and accused persons to Governments outside Pakistan. The specific conferment of the power on the Parliament to make laws on the subject of extradition effectively refutes the contention that the Constitution-makers had adopted the practice of the civil law countries with regard to refusal to deport their own nationals for trial in foreign lands. The contention that the legislation enacted in pursuance of this item must be confined to non-citizens is unacceptable; a non-citizen can at any time be deported from Pakistan and in any event, considering the national commitment of Pakistan on the international plane, as avowed in the Objectives Resolution, there is hardly any justification for drawing a distinction between the citizens and non-citizens in this regard. It is therefore difficult to hold that the Act is void on account of its conflict with Article 15 of the Constitution. [pp. 27 &28]A

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