§ 62. Mr. T. Reidasked the Secretary of State for the Home Department on what grounds Mubarek Ali Ahmed, a Pakistani, was recently deported to India from Britain.
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§ Sir D. Maxwell FyfeMr. Mubarak Ali Ahmed was returned to India under the Fugitive Offenders Act, 1881: he was not "deported" under the Aliens Order. The Indian Government applied under the Act of 1881 for his return to India on charges of creating and fraudulently using forged documents. He had absconded during his trial in India on these criminal charges. The magistrate at Bow Street was satisfied that the evidence submitted raised, in the words of the Act, "a strong or probable presumption" that the fugitive had committed the offences in question, and ordered his committal to prison to await his return to India.
Mr. Mubarak Ali Ahmed made an application to the High Court, but the High Court found no reasons for issuing a writ of habeas corpus or for ordering his release under Section 10 of the Fugitive Offenders Act on the grounds that his return would be "unjust or oppressive." When a fugitive has been committed by a magistrate and the High Court has declined to intervene, some quite extraordinary circumstances would be required to justify my refusing to issue a warrant under Section 6 of the Act of 1881 for his return to that part of the Commonwealth from which he is a fugitive; and I could find no such circumstances in the present case.