The Weekly Law Reports
[1971] 2 WLR 816
[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
817
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)
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)