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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.

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