Return or discharge by executive authority
6. ter the expiry of 15 days from the date of the committal of a fugiti Offender to prison to await his return, as mentioned in clause 5, or, if a writ of habeas corpus or other like process is issued with reference to him, from the date of the final decision thereon of the competent judicial authority (whichever date is the later), the competent executive authority will order his return unless it appears to that authority that, in accordance with the provisions set out in this Scheme, his return is precluded by law or should be refused, in which case that authority will order his discharge.
Discharge by judicial authority
7.--(1) Where after the expiry of the period mentioned in paragraph (2) a fugitive offender has not been returned, an application to the competent judicial authority may be made by or on behalf of the fugitive for his discharge and if-
(a) reasonable notice of the application has been given to the competent
executive authority, and
(b) sufficient cause for the delay is not shown,
the competent judicial authority will order his discharge.
(2) The period referred to in paragraph (1) will be prescribed by law and will be one expiring either-
(a) not later than two months from the fugitive's committal to prison
as mentioned in clause 5, or
(b) not later than one month from the date of the order for his return
made as mentioned in clause 6.
Habeas corpus
8. It will be provided that an application may be made by or on behalf of a fugitive offender for a writ of habeas corpus or other like process.
Circumstances precluding return
9.-(1) The return of a fugitive offender will be precluded by law if the competent judicial or executive authority is satisfied that the offence is an offence of a political character.
(2) The return of a fugitive offender will be precluded by law if it appears to the competent judicial or executive authority-
(a) that the request for his surrender although purporting to be made for a returnable offence was in fact made for the purpose of prosecuting or punishing the person on account of his race, religion, nationality or political opinions, or
(b) that he may be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.
(3) The return of a fugitive offender, or his return before the expiry of a specified period, will be precluded by law if the competent judicial or executive authority is satisfied that by reason of—
(a) the trivial nature of the case, or
3