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.
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W.P(C).No. 21294 OF 2007
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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