The Law Reports (Queen's Bench Division)
[1971] 2 QB 274
[QUEEN'S BENCH DIVISION]
REGINA v. GOVERNOR OF PENTONVILLE PRISON, Ex parte TEJA
1971 Jan 18,
19
Lord Parker C.J., Cairns L.J. and Melford Stevenson J.
Conflict of Laws
— Sovereign immunity
— Diplomatic immunity
— Costa Rican diplomatic agent visiting Europe for commercial purposes
— Arrested in England and proceedings for extradition to India
— Whether diplomat appointed by unilateral action of foreign state and without acceptance by receiving state entitled to diplomatic immunity
— Whether diplomatic agent visiting foreign country for commercial purposes and not to negotiate with foreign government entitled to diplomatic immunity
Fugitive Offender
— Jurisdiction
— Habeas corpus
— Costa Rican proceedings to advise whether applicant be extradited to India under Costa Rican law
— Extradition proceedings in England for same offences
— Whether res judicata
Fugitive Offender
— “Relevant offence”
— Offence not offence in United Kingdom
— Charges alleging aggravated form of fraudulent conversion under Indian law
— No similar offence in English law
— Whether relevant offence
— Whether evidence of prosecution for political opinions
—
Fugitive Offenders Act 1967 (c. 68), ss. 3 (1), 4 (1) (b) (c)
275
— Fugitive Offender
— “Unjust or oppressive”
— Delay
— Delay mainly caused by applicant's own conduct
— Whether unjust or oppressive to extradite him
—
Fugitive Offenders Act 1967, s. 8 (3)