High Court Kerala High Court

Hamidkutty Shajahan vs The Union Of India Represented By … on 27 October, 2010

Kerala High Court
Hamidkutty Shajahan vs The Union Of India Represented By … on 27 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21294 of 2007(I)


1. HAMIDKUTTY SHAJAHAN, S/O.HAMIDKUTTY
                      ...  Petitioner

                        Vs



1. THE UNION OF INDIA REPRESENTED BY THE
                       ...       Respondent

2. THE PRINCIPAL SECRETARY, MINISTRY OF

3. THE COMMISSIONER, EMBASSY OF INDIA,

4. THE CONSULATE GENERAL OF INDIA,

5. STATE OF KERALA REPRESENTED BY THE

6. THE DIRECTOR GENERAL OF POLICE,

7. THE CENTRAL BUREAU OF INVESTIGATION,

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :27/10/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          W.P(C).No. 21294   OF 2007
          ===========================

    Dated this the 27th day of October,2010

                   JUDGMENT

This petition is filed under Article 226 of

the Constitution of India to issue a writ of

mandamus forbearing first respondent not to

take disciplinary proceedings against the

petitioner without due compliance of the

various provisions of Extradition Act, 1962,

contending that the provisions of Extradition

Act will not apply to the petitioner at all.

2. Second respondent the Principal

Secretary, Ministry of External Affairs, filed

a counter affidavit stating that to initiate

Extradition proceedings a request is to be

submitted by the competent authority and as per

the information available with the Ministry, a

message was received from NCB-India in Mach

2007 requesting to locate the petitioner in

W.P.(C)21294/2007 2

India and to inform the authorities in UAE and so

that Extradition Act through diplomatic channels

could be sent. Counter affidavit shows that to

initiate extradition proceedings or initiate any

prosecution by Union of India, a formal request for

Extradition/prosecution shall be received from the

Government of United Arab Emirates and no such

request has been received. In such circumstances,

recording the submission, the petition is disposed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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JUDGMENT

SEPTEMBER,2006