Habeas Corpus petition in Supreme Court for release of French national

A habeas corpus petition has been filed in the Supreme Court for the release of French national Marie Verhoeven from Tihar jail. This comes after Verhoeven was arrested despite a judgment of the Delhi High Court holding her detention illegal..Verhoeven was initially taken into custody by the Uttar Pradesh police based on a red corner notice issued by Interpol for involvement in the murder of a Chilean Senator. She was then produced before the Additional Chief Metropolitan Magistrate, Delhi (ACMM) who had ordered her provisional arrest under Section 34B of the Extradition Act, 1962..Further, the Union Government had accepted an extradition request made by Chile under the Extradition Treaty of 1897. It had thereupon directed an inquiry against Verhoeven under Section 5 of the Extradition Act, 1962. She had then moved two writ petitions before the Delhi High Court; to quash the Magistrate’s Order and also challenging the inquiry orders passed by the MEA against her..The High Court by its judgment dated September 21, had ordered her release. However, it did not invalidate the treaty of 1897 and stated in its order that India’s international commitments as per the 1897 treaty did not cease even after “India became a Republic” and the provisions of the Extradition Act could be made applicable to Chile as per the treaty, under a notified order as per Section 3 (1) of the Act..Subsequently, in what could be considered as typical Indian apathy, the condemnable conduct of government and jail officials unfolded. According to the petition, when Verhoeven’s lawyer Ramni Taneja reached Tihar with a copy of the Delhi High Court’s judgment, she was made to wait for more than 3.5 hours before being informed that Verhoeven could be released only the next day..The next day, after another round of futile waiting, the petitioner’s lawyer was informed that Verhoeven was provisionally re-arrested pursuant to an order of the ACMM based on a Note Verbale September 21, 2015 of the Embassy of Chile..Contending that the order of re-arrest is in gross violation of the Delhi High Court judgment of September 21, the petitioner has sought issuance of a writ of habeas corpus directing that the petitioner be produced before the Supreme Court. The petitioner has also prayed for quashing the order of the ACMM by which Verhoeven was rearrested..The matter was mentioned today before a Bench presided by Justice TS Thakur. It will be heard on Friday this week by a Bench of Justices Kurian Joseph and Arun Mishra..Contents of the petition have been withheld on request by petitioner’s lawyer.