MOHAN KARNAKER CHANDRA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner has come forward with this petition seeking for the relief of quashing the Extradition proceedings initiated against the petitioner based on an alleged Red Corner Notice No.A-613/12-1994 on the file of the learned XI Metropolitan Magistrate Court, Saidapet, Chennai.

(2.) MR. S. Ashok Kumar, learned Senior Counsel appearing for the petitioner submitted that the petitioner was arrested by the first respondent police on 05.03.2005 on the basis of the direction said to have been given by the 3rd respondent. It is submitted that while the petitioner questioned the first respondent about the ground of arrest, it was informed to the petitioner that the arrest is made upon the request of the Interpol Office, Kuwait authorities, regarding the Red Corner Notice issued by the Kuwait Authorities to extradite the petitioner and on the request, the first respondent also furnished the document which is not in Indian language and the said language is not known to the petitioner. It is submitted that the petitioner was ultimately informed that the arrest was made mainly on the basis of the Red Corner Notice for extradition. It is further submitted that the petitioner was produced before the learned XI Metropolitan Magistrate, Saidapet, Chennai on 05.03.2005 at about 5.30 p.m. and the learned Magistrate without following the procedures enumerated in the Extradition Act, 1962 and without any proper application of mind, remanded the petitioner for judicial custody for 14 days. It is submitted that the petitioner was ultimately released on bail by the order of the learned magistrate, in CMP.NO.811/2005 dated 11.03.2005.

(3.) THE learned Senior Counsel contended that the proceedings initiated against the petitioner right from the arrest to the remand for judicial custody for 14 days is totally illegal. It is contended that the learned Magistrate without satisfying himself about the prima facie materials made out for any extradition proceedings and even without understanding the contents of the alleged Red Corner Notice which was in the language not known to anyone at the time of production of the accused, the petitioner herein before the learned Magistrate for remand, the learned Magistrate has arbitrarily and mechanically remanded the petitioner for 14 days. It is submitted that the procedures contemplated under the provisions of sections 4,5,6,7 and 25 of the Extradition Act, 1962 was not followed in this case.