BANSIL MUTEI SHIBLAQ Vs. UOI
HIGH COURT OF DELHI
BANSIL MUTEI SHIBLAQ
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S.Ravindra Bhat, J. -
(1.) The petitioner invokes the revisional jurisdiction of this court, under
Section 397 of the Code of Criminal Procedure (hereafter "the Code"). He is
aggrieved by the order of the Additional Chief Metropolitan Magistrate (ACMM)
dated 21-3-2007, rejecting his application for discharge under Section 34-B (2)
of the Extradition Act, 1962 (hereafter "the Act").
(2.) The facts necessary to decide the petition are that the petitioner, a
UK national, professes to have an unblemished record. He was detained pursuant
to a "Red Corner Notice" issued by the Interpol, on account of a request by the
Government of the UAE. He claims to have visited India, with one Peter Simon,
chairman of M/s Monsoon Ltd, UK, a well known international fashion brand, in
connection with some charity work. Upon his landing at the Indira Gandhi
International Airport, he was detained, on the the basis of a "Look Out
circular" (LOC) issued by the Foreigners Regional Registration Office, issued
pursuant to the red corner notice. The detention took place on 7-1-2007.
(3.) After his detention, the petitioner caused a legal notice to be issued
to the Ministry of External Affairs, of the Government of India, detailing the
various circumstances that led to the red corner notice. Apparently he had acted
as investment adviser to a financial company, under the direct control of the
Department of Private Affairs of Abu Dhabi. Certain allegations of fraud were
levelled in relation to those dealings; these led to claims being preferred
before the courts in UK. The charges of fraud were not pressed; initially, the
petitioner was held liable to pay some amounts. He carried the matter in appeal
in the U.K. Courts, and his counter claim/appeals were allowed. As a
consequence, the financial arm of Abu Dhabi, which had preferred the claim, was
adjudged liable. In the meanwhile, the Government of UAE apparently held
criminal proceedings in absentia, and secured a judgment declaring him guilty.
Consequently, a red corner notice was issued. The petitioner was detained in
South Africa, and Canada, and on both occasions, the local authorities, after
considering all the facts, released him.;
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