Jhirad v. Ferrandina

LUMBARD, Circuit Judge: Elijah Ephraim Jhirad appeals from an order of the Southern District entered July 17, 1975, denying his third request for habeas corpus relief in this protracted international extradition proceeding. The Government of India seeks Jhirad's return for prosecution on charges of embezzlement from a Naval Prize Fund which he, as former Judge Advocate General of the Indian Navy, was responsible for administering. In an earlier opinion in this case, 486 F.2d 442 (2d Cir. 1973), (Jhirad I), we ruled that 49 of the 52 counts listed in India's functional equivalent of our indictment were time barred, but remanded for a finding as to whether appellant had left India with intent to avoid prosecution thus tolling the statute of limitations with respect to the final three incidents.