Extradition from Pakistan is a critical aspect of international law that deals with handing over fugitives or accused individuals to other states for prosecution or punishment. In 2025, this issue has become more important than ever due to rising cross-border crime, terrorism concerns, and Pakistan’s obligations under international treaties. If you are facing an extradition request in Pakistan—or are a lawyer handling such a case—you need to understand the laws, treaties, and case law governing this complex area.
This guide explains Pakistan’s extradition framework, the Extradition Act 1972, bilateral treaties, notable Supreme Court judgments, and the role of human rights protections in extradition cases.
👉 Related: INTERPOL Red Notices and Extradition – Legal Process & Defense Strategies (2025 Guide)
What is Extradition?
Extradition is the legal process by which one country surrenders an individual to another country where that person is accused or convicted of a crime. It is governed by treaties, domestic laws, and principles of international cooperation.
In Pakistan, extradition is regulated by the Extradition Act, 1972, and relevant bilateral treaties signed with other countries. Without a treaty, extradition requests are usually considered on the basis of reciprocity or special arrangements.
Legal Framework for Extradition in Pakistan
The Extradition Act, 1972
The Extradition Act, 1972 is the primary legislation governing extradition in Pakistan. Key provisions include:
- Section 3 – Defines extraditable offences.
- Section 5 – Provides the procedure for extradition requests.
- Section 9 – Outlines exceptions where extradition cannot be granted (e.g., political offences).
- Section 21 – Empowers the Federal Government to make extradition arrangements with other countries.
👉 Full text of the law: Extradition Act, 1972 (NA of Pakistan)
Bilateral Extradition Treaties
Pakistan has signed extradition treaties with several countries, including:
- United States
- United Kingdom
- United Arab Emirates (UAE)
- China
- Turkey
- Sri Lanka
In many other cases, Pakistan follows the principle of reciprocity, even if a formal treaty does not exist.
👉 See also: Ministry of Interior – Pakistan for official government updates on treaties and extradition policy.
Role of INTERPOL in Extradition
Although INTERPOL itself does not extradite individuals, its Red Notices often trigger extradition proceedings in Pakistan. When a Red Notice is circulated, Pakistani authorities may arrest the person and initiate legal procedures under the Extradition Act, 1972.
👉 Related: How to Challenge an INTERPOL Red Notice – Legal Grounds & Remedies (2025 Guide)
Grounds for Refusing Extradition in Pakistan
Under Pakistani law, extradition may be refused in the following situations:
- Political Offences – If the offence is political in nature, extradition is generally denied.
- Double Jeopardy – A person cannot be extradited for an offence they have already been tried for in Pakistan.
- Human Rights Concerns – If extradition may result in torture, death penalty, or unfair trial.
- Absence of Reciprocity – If no treaty or reciprocal arrangement exists.
These safeguards align with international human rights standards, including the International Covenant on Civil and Political Rights (ICCPR), to which Pakistan is a party.
👉 Learn more: UN Treaty Collection – ICCPR
Extradition Process in Pakistan
The extradition process usually follows these steps:
- Request Received – A foreign government submits a formal request through diplomatic channels.
- Federal Government Review – The Ministry of Interior evaluates the request under the Extradition Act, 1972.
- Judicial Inquiry – A magistrate conducts an inquiry to determine if the case is valid for extradition.
- Court Recommendation – The magistrate reports findings to the Federal Government.
- Executive Decision – The final decision lies with the Federal Government, balancing legal and diplomatic considerations.
Notable Case Law on Extradition in Pakistan
1. Government of Pakistan v. Abdul Latif Khan
In this case, the Supreme Court held that extradition must comply strictly with treaty provisions and the Extradition Act, 1972.
2. Asfandyar Wali Khan v. Federation of Pakistan
The Court emphasized that human rights protections must be considered before extraditing a person.
3. Hashwani Case (UK Extradition Request)
A high-profile case involving allegations of financial fraud, where the Court examined reciprocity and fair trial rights.
Challenges in Extradition from Pakistan
- Lack of Comprehensive Treaties – Pakistan has limited bilateral treaties compared to other countries.
- Human Rights Concerns – Courts often weigh risks of torture or death penalty in requesting states.
- Political Pressure – Extradition requests sometimes face delays due to diplomatic sensitivities.
- Judicial Delays – Court proceedings in Pakistan can take years, delaying extradition outcomes.
Defense Strategies in Extradition Cases in Pakistan
For individuals facing extradition, possible defense strategies include:
- Arguing that the offence is political in nature.
- Raising human rights violations in the requesting country.
- Challenging the validity of the extradition treaty.
- Contesting the sufficiency of evidence provided by the requesting state.
- Invoking constitutional protections under Articles 4, 9, and 10A of the Constitution of Pakistan.
👉 Related: Can Asylum Protect You from INTERPOL Red Notices? (2025 Guide)
Extradition & Human Rights in Pakistan
Pakistan’s judiciary increasingly incorporates human rights law into extradition cases. For example, if extradition would expose an individual to the death penalty or torture, courts often block such requests.
This aligns with Pakistan’s obligations under the UN Convention Against Torture (CAT).
👉 More: OHCHR – Convention Against Torture
Future of Extradition Law in Pakistan (2025 & Beyond)
With globalization and increasing cross-border crime, Pakistan is expected to:
- Negotiate more bilateral treaties.
- Strengthen cooperation with INTERPOL.
- Improve judicial efficiency in extradition matters.
- Balance national sovereignty with human rights obligations.
These reforms are crucial to ensuring that Pakistan remains a responsible member of the international legal community while safeguarding the rights of its citizens.
Conclusion
Extradition from Pakistan is a complex legal process shaped by the Extradition Act, 1972, bilateral treaties, and human rights obligations. Courts play a vital role in ensuring that extradition requests respect constitutional protections and international law.
Whether you are a lawyer, policy analyst, or individual facing an extradition request, it is essential to understand the legal grounds, defense strategies, and case law that define extradition in Pakistan.
👉 Explore more: How INTERPOL Works with National Police – Legal Framework & Operations (2025 Guide)