IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 21294 of 2007(I) ------------------------------------- PETITIONER(S): ---------------------- HAMIDKUTTY SHAJAHAN, S/O.HAMIDKUTTY AHAMED, SHAJI MANZIL, KADAKKAD, PANDALAM, PATHANAMTHITTA DISTRICT, KERALA, INDIAN. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE ADV.SRI.R.JAYACHANDRAN RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO MINISTRY OF HOME, GOVERNMENT OF INDIA NEW DELHI. 2. THE PRINCIPAL SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 3. THE COMMISSIONER, EMBASSY OF INDIA, ABU DHABI, UNITED ARAB EMIRATES. 4. THE CONSULATE GENERAL OF INDIA, P.O.BOX NO.737, DUBAI, U.A.E. 5. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 6. THE DIRECTOR GENERAL OF POLICE, CRIME BRANCH, KERALA, THIRUVANANTHAPURAM. 7. THE CENTRAL BUREAU OF INVESTIGATION, NEW DELHI REPRESENTED BY ITS DIRECTOR. R1 TO R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SMT.K.V.RASHMI, CGC R7 BY ADV.SRI.S.SREEKUMAR, SC FOR CBI SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. R5 & R6 BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 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. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006