TMI Blog1944 (1) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... sty in Council special leave to appeal in forma pauperis was granted to the appellant. The validity of the conviction was challenged before their Lordships on two grounds, viz., (1) that the appellant had been illegally arrested; and (2) that the Court which tried him had no jurisdiction to do so. 1. For the appreciation of this point a short narrative of the facts is necessary. The appellant is not a British subject, but is a native of the State of Jind in which he resided. The murder with which he was charged was committed in a train while it was running between two stations on the Southern Punjab Railway within the State of Jind. By an agreement entered into between the British Government and the State of Jind in 1900 the Rajah ceded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confined in the judicial lockup, Jind, was formally extradited and sanction given by the Nizamat Jind for him to be handed over to the authorities of Rohtak District. This was duly effected and the appellant was brought to trial and convicted at Rohtak as already stated. 3. The contention of the appellant was that his arrest, having been effected in Jind territory by a British Indian officer, was illegal and that the illegality of his arrest vitiated the whole subsequent proceedings. Their Lordships reject this contention. They assume that the arrest was open to objection as an infringement of the sovereignty of Jind, although the Jind authorities, so far from resenting what had been done or regarding their rights as having been flouted, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crime in this country, say murder, and that before he can be apprehended he escapes into some country with which we have not an Extradition Treaty, so that we could not get him delivered up to us by the authorities, and suppose that an English police officer were to pursue the malefactor, and finding him in some place where he could lay hands upon him and from which he could easily reach the sea, got him on board a ship and brought him to England, and the man were to be taken in the first instance before a Magistrate, the Magistrate could not refuse to commit him. If he were brought here for trial, it would not be a plea to the jurisdiction of the Court that he had escaped from justice and that by some illegal means he had been brought back ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction. That has been decided more than once in our Courts. There was a case where a man was tried for murder in which it was clear that he was not properly arrested in the jurisdiction where he was found, but nevertheless he was tried, convicted and executed. 6. The appellant therefore fails on his first point. 2. The second point may be said to be typographical rather than legal. In the Gazette of India of 5th July 1924, there appeared a Notification by the Governor-General in Council that, for the purposes of criminal jurisdiction, within the lands occupied by the railways specified in column 1 of an annexed schedule and lying within the States specified in col. 2 the Court mentioned in col. 3 should exercise the powers of a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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