The Savarkar Case, 1911

The Savarkar Case, 1911, France v the UK

PRINCIPLE:

Once asylum is refused and returned to the native authority can not be extradited back as asylum holder.

Once a request of asylum is refused or mistakenly denied by any state and that person is sent back to his native authority or from where he sought asylum, the same authority who refused him does not hold the right to claim that person back as an asylum holder.

Mr Savarkar

FACT OF THE CASE:

Mr. Vinayak Donador Savarkar was a rebellious leader of British India was accused of Sedition and murder. While the British government was sending him to India he managed to step out from the ship at manse tiles throughout the porthole of a water closet. But he was captured by a French Policeman who did not recognize him, they thought that he is a criminal and thus handed him over to the captain.

Later the french government discovered the was the renowned political person Savarkar and than they requested to the British government to return him back (extradite) to the french authority being recognized as their asylum holder but the British government refused to do so.

Franch went to the International Court of Justice against this refusal.

ISSUE:

• Whether France was entitled to extradite Saverkar?
• What are the relevant international law and customs in this regard?

DECISION:

The International Court of Justice (ICJ) provided the decision in favour of Britain and held that there is no such provision of any international law where Britain is bound to extradite Saverkar where once they returned him to the British authority.

REASONING:

There is no rule or Act about extradition in International Law which ground the U.K is bound to extradite Savarkar.