PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 22 December 2009

WARRANT ISSUED BY FOREIGN COURT CAN'T BE EXECUTED IN INDIA,

WARRANT ISSUED BY FOREIGN COURT CAN'T BE EXECUTED IN INDIA, HOLDS SUPREME COURT

The Supreme Court has held that a warrant issued by a foreign court could not be executed in India without a formal request from the Government concerned for extradition of the accused.

A bench comprising Justices S B Sinha and Mukundakam Sharma set aside the Bombay High Court order, whereby it had refused to stay the arrest of an NRI B J Lakhani who is facing allegations of kidnapping his own daughter from the custody of her mother.

A Georgia court in the US had issued an arrest warrant against Lakhani and Interpol subsequently issued red cornered notice (RCN) for his arrest.

Disposing Lakhani’s appeal, the apex court concurred with the stand of Ministry of External Affairs (MEA), which had said, ‘Even violation of an order passed by the court of competent jurisdiction in the US was punishable for six months only. Lakhani cannot be extradited for the commission of such an offence.’ Lakhani had married H Thakker on April 6, 2002, in Mumbai. The couple later shifted to California where they had a daughter in April 2003.

A family court at Massachusets had handed over the custody of the child to the mother.

Reply Follow

4 Replies

(Guest)

PJR ji, Yes. Hon'ble SC has given good verdict. Yes.Without extradition request a Warrant which is issued in a foregin country can not be executed in India. Most of foreign countries say samething when our indian government request.

Anil Agrawal (Retired) 22 December 2009

Foreign courts? What are you talking about?

Judgements issued by Bihar courts against Raj Thackerey can't be executed by Mumbai Police.

Actually there is no EXTRADITION TREATY BETWEEN BIHAR AND MAHARASHTRA.

aatma 23 December 2009

The main point in this SC judgment is in india judiciary, police, and government should not misuse their power to threat innocent peopole in their matrimonial issues.

In fact India is the number one country in the world misusing the interpol system for silly matrimonial matters.

As a matter of fact indian legal system and government always ignore their own laws and facts.

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2009
[Arising out of SLP (Crl.) No. 6407 of 2008]
Bhavesh Jayanti Lakhani ...Appellant
Versus
State of Maharashtra & Ors. ...Respondents
JUDGMENT
S.B. SINHA, J :

(ii). No red corner notice can be issued in violation of civil liberties of an Indian and particularly in a matrimonial case, the effect whereof may result in -

a) detention ;

b) arrest ;

c) circulation of name on website ; and

d) surveillance

which would amount to gross violations of law as the appellant's personal liberty, as contained in Articles 19 and 21 of the Constitution of India, would have been interfered
with, without any authority of law. As no law operates in the field, the actions of the State and in particular the Central Bureau of Investigation are unconstitutional and invalid,
being violative of the civil liberties of the citizens of India.