Important points:
For getting the fugitive extradited, the Government of UAE has to send a formal request to the Government of India through diplomatic channels, strictly as per the provisions of the Treaty and the Central Government will decide whether to extradite the subject or to submit the case to the competent authorities for local prosecution under Section 188 Cr.P.C.

JUDGMENT :

The petitioner has approached this Court seeking to direct respondents 1 to 4 to initiate action to implement Ext.P2 International Arrest Warrant as per the provisions of the Extradition Act, 1962 and to handover the 8th respondent to the Government of Dubai as per the provisions of the Extradition Act, 1962 and other enabling legal provisions.

2. The petitioner states that he was an NRI businessman doing business in Dubai, UAE. The 8th respondent befriended the petitioner claiming that he is a business partner of a well known Hotel in Dubai. The 8th respondent borrowed an amount of Six Million UAE Dirhams from the petitioner as a financial help to his businesses. The 8th respondent promised to repay the amount before 10.06.2015. But, before the said stipulated date, the 8th respondent absconded to India without repaying the amount.

3. The petitioner would submit that the 8th respondent had borrowed money from several banks and other individuals in UAE and had absconded from UAE to India without discharging his debts. There are 8 criminal cases registered against the 8th respondent by Dubai Police. The petitioner presented the personal guarantee cheque of 6 Million AED issued by the 8th respondent on 01.04.2016. The cheque was returned unpaid for insufficiency of funds. The petitioner filed a criminal case against the 8th respondent in Naif Police Station in Dubai. By Ext.P1, the Dubai Court convicted the 8th respondent for imprisonment for a term of two years. The petitioner initiated the procedure in Dubai criminal court to issue Interpol Red Warrant against the 8th respondent. An International Arrest Warrant was issued against the 8th respondent on 16.05.2018 as evidenced by Ext.P2.

4. The petitioner would contend that the Government of Dubai has transmitted the International Arrest Warrant to the 1st respondent for execution. Government of India has executed Extradition Treaty with the Government of United Arab Emirates. As per Article 2 of the said Treaty, a person sentenced by the court of the requesting State with the imprisonment for six months in respect of an offence, is liable to be extradited. The petitioner contended that the 8th respondent is a fugitive criminal and respondents 1 to 7 are liable to arrest and surrender the 8th respondent to the United Arab Emirates. However, the 8th respondent being an influential person, respondents 1 to 7 are not acting on the International Arrest Warrant. It is under such circumstances that the petitioner seeks interference by this Court.

5. The Inspector General of Police, Crime Branch, Thiruvananthapuram Range, filed a Statement pursuant to the directions of this Court. In the Statement, it has been stated that in the case of extradition of an Indian national from India to UAE, the provisions contained in Article 5 of the Extradition Treaty is applicable. Article 5 of the Extradition Treaty reads as follows:-

“The nationals of the Contracting States shall not be extradited to the other Contracting State provided that the requested State shall submit the case to its competent authorities for prosecution if the act committed is considered as an offence under the laws of both Contracting States.”

6. Therefore, the Inspector General would contend that for getting the fugitive extradited, the Government of UAE has to send a formal request to the Government of India through diplomatic channels, strictly as per the provisions of the Treaty and the Central Government will decide whether to extradite the subject or to submit the case to the competent authorities for local prosecution under Section 188 Cr.P.C. No such request or Ext.P2 International Arrest Warrant is received by respondents 5 to 7, contended the Inspector General of Police.

7. On behalf of respondents 1 to 3, the Assistant Solicitor General of India filed a Statement. The ASGI stated that there is an Extradition Treaty between India and UAE currently in force. In terms of Article 5 of the Extradition Treaty, the n