The Supreme Court today sought response from the Centre on the plea of a jailed French woman challenging her arrest and the ongoing extradition proceedings at the request of Chile for her alleged involvement in 1991 assassination of a senator there.
A bench of justices Kurian Joseph and Arun Mishra asked the Ministry of External Affairs to file a short affidavit about its stand on the issue.
Besides seeking "immediate release" of Marie Emmanuelle Verhoeven, the plea filed through lawyer Ramni Taneja, has sought a direction to the External Affairs Ministry, which is pursuing the extradition proceedings on behalf of Chile, to quash the ongoing inquiry before a magisterial court here.
The plea has sought a direction to quash the gazette notification of April 29 and the order dated April 28, issued by the Ministry, recording the Extradition Treaty between India and Chile on the ground that it was unconstitutional and ultra vires of the Constitution.
The plea has also sought quashing of the extradition request, made on March 24, by the Government of Chile through the Ministry before the court here.
"This case has serious and critical international implications and very sensitive and important constitutional implications under Indian law... The fundamental rights of the petitioner under the Constitution of India are gravely prejudiced by the mala fide acts of the Respondent No. 1 (Ministry), who represents Republic of Chile in the extradition proceedings," the plea had said.
Verhoeven, arrested on February 16 this year from Uttar Pradesh on the basis of a red corner notice issued against her, is alleged to have participated in a conspiracy leading to the assassination of Chilean Senator Jaime Guzman Errazuriz on April 1, 1991.
