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JHIRAD v. FERRANDINA

July 17, 1975

ELIJAH EPHRAIM JHIRAD, Petitioner,
v.
THOMAS E. FERRANDINA, United States Marshal, Southern District of New York, Respondent



The opinion of the court was delivered by: DUFFY

OPINION AND ORDER

 This is the third petition for a writ of habeas corpus brought in this international extradition proceeding. See 355 F. Supp. 1155 (S.D.N.Y. 1973) & 362 F. Supp. 1057 (S.D.N.Y. 1973), rev'd & remanded, 486 F.2d 442 (2d Cir. 1973). The remand from the Court of Appeals was occasioned by a different definition of the term "fleeing from justice" than that applied by me, there being a conflict among the circuits on this point. See Donnell v. United States, 229 F.2d 560 (5th Cir. 1956); Brouse v. United States, 68 F.2d 294 (1st Cir. 1933) but see King v. United States, 144 F.2d 729 (8th Cir.), cert. denied, 324 U.S. 854, 89 L. Ed. 1413, 65 S. Ct. 711 (1944); McGowen v. United States, 70 App. D.C. 268, 105 F.2d 791 (D.C.Cir.), cert. denied, 308 U.S. 552, 84 L. Ed. 464, 60 S. Ct. 98 (1939).

 The petitioner in this habeas corpus proceeding, Elijah Ephraim Jhirad, was Judge Advocate General of the Indian Navy. As such, between 1959 and 1961, he was in charge of a prize fund established for the benefit of certain Indian sailors who had served during World War II.

 It is alleged by the Government of India that a substantial portion of the prize fund was embezzled by Jhirad. It is clear that the petitioner left India on July 26, 1966, and that the applicable five year statute of limitations, unless tolled, would have expired on September 27, 1966. The only question presented on the remand by the Court of Appeals is whether Jhirad left India with the "intent to flee from justice," which would toll the statute of limitations.

 Magistrate Goettel held further hearings on the remand and filed "Additional Findings on Extradition Proceedings" in which he set forth (as best he could) the complete chronology of the events whereby Jhirad formed an "intent to flee" the jurisdiction of India.

 February 19, 1966: The Central Bureau of Investigation in India was requested to commence an investigation concerning allegations that there had been mismanagement, and possibly embezzlement, from the Naval Prize Fund.

 May, 1966: Jhirad informed a naval officer who had been directed to conduct an inquiry that the records of the Prize Fund had been destroyed (Jhirad had informed his superiors of this fact in the later part of 1965). *fn1"

 May 26, 1966: A subpoena duces tecum was issued to the Central Bank of India where the Naval Prize Fund had been maintained and where Jhirad had a personal account. *fn2"

 June, 1966: An employee of the Central Bank of India advised Jhirad that the subpoena had been received.

 June 17, 1966: The Secretary General of the World Jewish Congress invited Jhirad to attend the Fifth Plenary Assembly in Brussels, July 31 to August 9, 1966. Subsequently, after being designated by the Central Jewish Board of Bombay as one of the representatives of Indian Jewry, the Congress agreed to defray his costs. (A week later his wife was invited to an auxiliary conference of Women's Zionist Organization held at the same time and place.)

 June 28 to July 16, 1966: Jhirad and his wife sold various of his law books and other items of his personal possessions.

 July 2, 1966: The case was officially registered with the Central Bureau of Investigation.

 July 3, 1966: Jhirad obtained his passport.

 July 5, 1966: The police began their ...


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