I have directed too late that
Low
in
Franville concur with the
first and second representations in the memorandum & with the comment,
(a) and (b) upon the first section.
G
With respect to comment (c) upon that section LoJ. is disposed to think that the Court of Appeal should have nothing to do with the undertaking from the Government of Madras, which is a purely
Executive matter,
left to the Governor to deal with. If the wrong course be taken
the responsibility of obtaining a proper undertaking. imp. But there is no
reason why the practical suggestion should not be
adopted of providing that the original requisition should have annexed to it the
necessary undertaking.
WME
up to the
Comment upon text, S.C.R. 1041/1
d
4.
See Extradition Report questions.
490-492; 499;500.
it
333
It may be questioned whether
it was intended the draft-
should confer on
the magistrate
the power, which the magistrate
exercises in England, of entertaining
the question of political motive -
56
Looking to the and & subsection
of section V, LoJ. inclined
to think that it was
so intended,
the fact that the
offense charged was political "a valid cause" why the proposition should not hold good.
This doubt, however, could readily be disposed of, should it
be thought desirable to vest this power in the magistrate.
If he is not to have this power LdJ. is of opinion that the
question whether or not offense is involved in the crime charged, should be left entirely and exclusively the decision of the Executive.