LONDON-A Pakistani student arrested in a bungled anti-terror operation 'Pathway and afterwards released without charges here last year has petitioned to the Chief Justice for suo moto action to halt his possible extradition to US without judicial oversight. Tariq ur Rehman, in a faxed petition on July 8 appealed for action of the human rights cell working under the directions of the Chief Justice of Pakistan. The petition filed requested for action on the basis that a Pakistani citizen is fearful for his life and threatened of 'extradition to US on the indictment of the US court ultra constitutionally without judicial oversight. The petition further said that there is no extradition treaty between Pakistan and United states. Another student Abid Naseer has already been arrested on similar charges in the UK. Tariq-ur-Rehmans lawyer in the petition said: 'Whether there is an extradition treaty between US & Pakistan and can a citizen of Pakistan be removed to any other jurisdiction(s) ultra Constitutionally, ultra court attention and without necessary safeguards and guarantees afforded by the Constitution of Pakistan 1973. He said whether after the sound judgment of the Crown Prosecution Service of the United Kingdom dated April 21, 2009, can the petitioner be handed over to US for a trial before making any prima facie case against the petitioner in the jurisdiction of UK and or Pakistan; does US hold original jurisdiction in this matter. The petition stated that whether the petitioner can ever have a fair trial in the New York court due to the jurys permanent bias against any of those accused alleged to be involved in support and or commission of terrorism offences and can the presumption of innocent until proven guilty be maintained by handing over and trying in a foreign jurisdiction keeping in mind Dr.Aafia Siddiquis case. Tariq-ur-Rehman in his petition feared of torture, inhuman treatment and prejudice against Muslims. 'The fear of extradition proceedings and the fundamental right of having access to justice can be denied to the petitioner and he can be left without remedy in violation of Article 4, 5, 9, 14, 15, and 25 of the Constitution of Islamic Republic of Pakistan 1973. The petition said whether the impugned action/order is violative of Articles 4, 5, 9, 14, 15, and 25 of the Constitution whereby inter alia the petitioner is secured by judicial direction that before transfer he is protected with the right to defend himself through Attorney of his choice on public funds, treatment free of torture and fair trial in the sense that justice is seen to be done, as the record of United States speaks otherwise. Tariq-ur-Rehman prayed to the Chief Justice that the Government of Pakistan has in defiance of the observation and orders of the courts deported Pakistanis, restricted their entry, handed over Pakistani citizens without producing them in a court of law and providing prima facie cases against them in local courts, therefore it is prayed that the extradition of the above petitioner is stayed until and unless court has looked at the US indictment and the case against the petitioner and is satisfied that there is a) prima facie case to answer, b) it cannot be tried in Pakistan and c) Constitutional safeguards in respect of fair trial, prohibition of torture and right of defence through counsel of choice at public purse is ensured through either Parliament, court judgement, and or diplomatic assurances in writing. It is also prayed that the respondents may not directly or indirectly obstruct, hamper or resist the court orders and may not remove the petitioner and his family members, to the US or to force them to go unless they are heard and due process of law is offered and that a direction may be issued to the Federation and in particular respondents No. 1 to take the petitioner into judicial custody and produce him before the Anti-Terrorism Court if the Federation wishes to pursue charges against him as indicted in US court if the US wishes to cooperate with Pakistani executive and intelligence community. The petitioner in his plea fears that jury of New York may not ensure fair trial to him as was the case with Dr. Aafia Siddiqui. 'Petitioner must be offered due process of law and access to courts ensuring petitioners fundamental rights to a fair trial and that his family members are not removed from jurisdiction arbitrarily without judicial oversight and prior permission from this Honourable Court on any pretence and reasons which was and is not before this court to ensure justice is seen to be done with the petitioner, it added.