Understanding Pakistan’s Law on Extraditing Criminals

In today’s interconnected world, borders are no longer a barrier to justice. Criminals can no longer hide in another country and expect immunity. That’s where extradition law comes in and in Pakistan, it’s governed by the Extradition Act, 1972. If you’re in Karachi, Lahore, or Islamabad and want to understand how extradition works in Pakistan, this guide breaks it down in simple language.

Whether you’re a legal researcher, a concerned citizen, or someone facing international legal complications, this blog will help you understand your rights and legal options under Pakistani extradition law.

What is the Extradition Act, 1972?

The Extradition Act, 1972 is a federal law that governs the process of surrendering a person accused or convicted of a crime from Pakistan to another country or vice versa. This law lays out the legal structure, procedures, and treaties under which such a transfer is possible.

It enables Pakistan to either:

  • Request the return of an accused or convicted person hiding abroad.

  • Comply with another country’s request to hand over an individual staying in Pakistan.

Purpose and Scope of the Extradition Act

The Extradition Act serves to.

  • Promote international cooperation in crime control.

  • Prevent Pakistan from becoming a safe haven for fugitives.

  • Ensure justice across borders.

  • Respect human rights during the extradition process.

It applies to both Pakistani nationals and foreign citizens depending on the nature of the crime and the agreement between Pakistan and the requesting state.

What Countries Have Extradition Treaties with Pakistan?

Pakistan has signed bilateral extradition treaties with several countries including the United Kingdom, United States, UAE, Saudi Arabia, China, and Turkey. These treaties define the terms, conditions, and limits of extradition.

Even if a treaty doesn’t exist, the Federal Government can allow extradition on a case to case basis via notification in the Official Gazette, if it deems appropriate.

Offences Covered Under Extradition Law in Pakistan

Not all crimes are eligible for extradition. The Act typically applies to extraditable offences, which include.

  • Murder and attempted murder

  • Drug trafficking

  • Terrorism related offences

  • Kidnapping or abduction

  • Money laundering and white collar crimes

  • Serious fraud or embezzlement

  • Sexual offences

However, political offences or religious dissent often do not qualify for extradition, unless there’s concrete evidence of terrorism or violence.

When Can Extradition Be Denied?

Extradition may be refused under the following situations.

  • The accused is a citizen of Pakistan (depending on the treaty terms)

  • The offence is of political nature

  • Risk of torture or inhuman treatment

  • The case is time barred under Pakistani law

  • The accused has already been tried or is undergoing trial for the same offence in Pakistan

MAH&CO. can help individuals in such cases by filing protective petitions or constitutional challenges.

The Legal Procedure of Extradition in Pakistan

Let’s break down how extradition actually works.

Formal Request

The foreign government submits a formal extradition request through diplomatic channels.

Review by Interior Ministry

The Ministry of Interior forwards the request to the Judicial Magistrate for evaluation.

Inquiry by the Court

The court reviews.

  • Validity of evidence

  • Legal merit of the offence

  • Compliance with treaty or notification terms

The individual may be arrested provisionally during this stage.

Extradition Order

If the court finds the case valid, it sends a report to the Federal Government, which decides whether to extradite or reject the request.

Appeals and Constitutional Petitions

If someone wants to challenge extradition, they may approach High Courts or the Supreme Court of Pakistan for relief under Articles 199 and 184 of the Constitution.

Role of MAH&CO. in Extradition Cases

At MAH&CO., our criminal and constitutional lawyers in Karachi, Lahore, and Islamabad handle extradition cases with:

 Confidential case evaluations
 Strategic defence against unjust extradition
 Liaison with foreign embassies and courts
 Filing of habeas corpus petitions
 Representation in High Court and Supreme Court

Whether you are facing extradition, want to stop an unlawful arrest, or need legal protection under the Constitution of Pakistan, we are here to protect your freedom.

Final Words

The Extradition Act, 1972 plays a vital role in ensuring that criminals cannot escape justice by simply crossing borders. But it’s also essential that extradition doesn’t violate anyone’s fundamental rights or due process.

If you or a loved one is involved in an extradition matter, don’t wait. Let MAH&CO., a trusted law firm in Karachi, Lahore, and Islamabad, guide you through the process with integrity and precision.

Can a Pakistani citizen be extradited?

Not always. If the treaty allows, yes. Otherwise, the government may reject the request. Constitutional protection may also apply.

What crimes are usually extraditable?

Crimes like murder, terrorism, drug trafficking, and money laundering are usually eligible.

What if there's no extradition treaty?

The Pakistani government may still permit extradition via special notification if it aligns with justice and international relations.

Can I challenge an extradition request?

Yes. You can file a writ petition under Article 199 or approach the Supreme Court under Article 184(3) if fundamental rights are at risk.