IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 16473 of 2011(H) -------------------------------------- PETITIONERS: --------------------- POOZHIKUNNUMMEL MOHAMMED, AGED 57 YEARS, S/O.MOIDEEN KUNJU HAJI, POOZHIKUNNUMMEL HOUSE, UNNIKULAM.P.O., THAMARASSERY, CALICUT DISTRICT. BY ADVS. SRI.O.V.MANIPRASAD, SRI.SAJU J. PANICKER. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, HOME AFFAIRS DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 3. THE DISTRICT POLICE CHIEF, MALAPPURAM – 685 002. 4. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MALAPPURAM DISTRICT- 685 002. 5. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, CALICUT- 750 068. 6. SIDDIQUE CHERUPARAMBIL @ SIDDIQUE MOIDEEN @ C.P.SIDDIQUE, S/O.MOIDEEN KUTTY, CHERUPARAMBIL HOUSE, UNNIYAL ROAD, POOKAYIL.P.O., TIRUR, MALAPPURAM DISTRICT- 685 002. R1 & R5 BY SRI.P.PARAMESWARAN NAIR, A.S.G OF INDIA, R2 TO R4 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16473/2011-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORIGINAL JUDGMENT IN CASE NO. 10776/2010 DTD. 14/09/2010 IN ARABIC LANGUAGE AND THE AUTHORIZED TRANSLATION VERIFIED APPROVED BY MINISTRY OF JUSTICE, UNITED ARAB EMIRATES AND THE ATTESTATION SECTION OF CONSULAR DEPARTMENT, MINISTRY OF FOREIGN AFFAIRS, U.A.E. EXT.P.2: COPY OF THE ORIGINAL JUDGMENT IN CASE NO. 11306/2010 DTD. 24/08/2010 IN ARABIC LANGUAGE AND THE AUTHORIZED TRANSLATION VERIFIED APPROVED BY MINISTRY OF JUSTICE, UNITED ARAB EMIRATES AND THE ATTESTATION SECTION OF CONSULAR DEPARTMENT, MINISTRY OF FOREIGN AFFAIRS, U.A.E. EXT.P.3: COPY OF THE REPRESENTATION DTD. 04/05/2011 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 3 AND 4 ALONG WITH RECEIPTS ISSUED FROM THE OFFICE OF THE R.3. AND THE POSTAL RECEIPTS. EXT.P.4: COPY OF THE REPRESENTATION DTD. 04/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.5. EXT.P.5: COPY OF THE LETTER DTD. 12/05/2011 ISSUED BY THE REGIONAL PASSPORT OFFICER, COCHIN TO THE R.5. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ....................... W.P.(C).16473/2011 ....................... Dated this the 5th day of July, 2011 JUDGMENT The prayers sought in this writ petition are the following:- (i). Issue a writ of Mandamus order or direction directing the respondents 1 to 4 to take the 6th respondent into custody and to deport him to United Arab Emirates to undergo imprisonment as ordered by the competent criminal court in UAE as per Exts.P1 and P2. (ii). Issue a writ of Mandamus order or direction directing the 3rd respondent to consider and take appropriate action on Ext.P3 within a time fixed by this Honourable Court (iii). Issue a writ of Mandamus order or direction direction the 5th respondent to consider and take appropriate action on Ext.P4 and to take action to cancel the passport of the 6th respondent. 2. According to the petitioner, while at Abu Dhabi, the sixth respondent committed various offences and was convicted in two cases. It is stated that he escaped from that country and is now W.P.(C). 2 residing in India. It is therefore, that this writ petition has been filed with the prayers mentioned above. 3. In my view, if at all the petitioner wants to get the sixth respondent extradited or imprisoned in the country where he is convicted, it is upto the petitioner to set the law in that country into motion. So long as the sixth respondent is not an accused in any offence nor is he wanted for any other purposes in India, it will not be possible for the Law Enforcement Agency to take him into custody. Therefore, this Court will not be justified in issuing any direction as sought for. The writ petition is dismissed. ANTONY DOMINIC, Judge mrcs