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 Lakhaniâ€™s appeal, the apex court concurred with the stand of Ministry of External Affairs (MEA), which had said, â€˜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.â€™ 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.
Every time an offender stealthily leaves India to take refuge in another country, the Government of India starts all over again with its strategy of bringing him back to the nation to make him stan More
Helplinelaw can set up your session with quality and experienced lawyers to discuss and resolve your legal matters. You can avail consultation in form of sending questions, phone call or webchat discussion More