BHAVESH JAYANTI LAKHANI versus STATE OF MAHARASHTRA & ORS.

Citation: [2009] 12 S.C.R. 861 · Decided: 07-08-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2009] 12 S.C.R. 861 
~ 
BHAVESH JAYANTI LAKHANI 
A 
v. 
STATE OF MAHARASHTRA & ORS. 
(Criminal Appeal No. 1452 of 2009) 
AUGUST 7, 2009 
B 
[S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.] 
. Extradition Act, 1962 - s. 2(c), (d), (f), (j): 
Red Comer Notice - Execution of, in India - Divorce and c 
custody matters of Indian citizens in· US courts - Husband 
taking minor child to India from USA in violation of custody 
-
order - Issuance of Red Corner Notice by INTERPOL in 
relation to husband in respect of arrest warrants and Yellow 
1' 
notice in relation to minor daughter - High Court refusing to D 
stay Interpol notices - Sustainability of- Held: Not sustainable 
- Dispute between the parties being a matrimonial dispute, 
· is a private dispute - No extraditable offence made out under 
the Act or under provisions of extradition treaty between USA 
and India - No request for extradition made to Executive E 
Government of India by Government of USA - Red Comer 
.. 
Notice by itself cannot be a basis of arrest or transfer of Indian 
citizen to a foreign jurisdiction - Municipal laws of country 
reign supreme in matters of Extradition - Extradition Treaty 
... 
is subject to the provisions of the Act - Husband being an 
Indian citizen is entitled to enforcement of his fundamental F 
rights - CBI having regard to its limited powers, could not 
exercise its jun'sdiction within the territories of a State without 
its consent- Constitution of India, 1950 -Articles 14, 19 and 
21 - Extradition Treaty between India and USA entered into 
G 
~ 
j 
on 21.06.1999 - Article 1, 2, 4, 9 and 21. 
Functioning of CBI vis-a-vis its role in terms of notices 
issued by Interpol - Explained. 
861 
H 
862 
SUPREME COURT REPORTS [2009) 12 S.C.R. 
A 
Arrest of a person for extradition - Procedure to be 
followed - Before the arrest and after the arrest - Explained. 
International Criminal Police Organisation-INTERPOL: 
Functions of- Issuance of Red Comer Notice and Yellow 
B Comer Notice - Procedure for - Binding nature of Interpol 
notices - Explained. 
Red Corner Notice/Yellow Comer Notice - Issuance of 
- Red Comer Notice is issued to seek provisional arrest of a 
c wanted person against whom a national or international court 
has issued warrant of arrest - It does not have the effect of 
warrant of arrest - It is a request of the issuing entity to 
provisionally or finally arrest the wanted person for extradition 
- Yellow notice is issued for finding a missing person or to 
-
D identify people who are not capable of identifying themselves 
- It is issued specially to locate minors. 
lt 
Appellant and respondent no. 6 are citizens of India. 
They married in Mumbai and moved to California. A 
E 
daughter was born out of the wedlock. However, there 
was a marital discord between the parties and the 
respondent no. 6 was continuously harassed. The court 
of USA by an ex parte order granted temporary custody 
of the child, restraint and abuse prevention in favour of 
respondent no. 6. Appellant-husband allegedly forged 
F the documents and took the child to India in violation of 
the custody order. Respondent no. 6 filed complaint 
before the police authorities that the appellant had 
abducted the child. The USA court passed a decree for 
-
divorce and the custody of the child. Thereafter, 
G respondent no. 6 re-married and filed for custody before 
the Family Court, Mumbai. The court issued arrest 
warrants against the appellant and granted custody of the 
child to respondent no. 6. In appeal thereagainst order 
was stayed by Mumbai High Court. The police and the 
H court of USA issued warrants of arrest against the 
BHAVESH JAYANTI LAKHANI v. STATE OF 
863 
MAHARASHTRA & ORS. 
appellant which was transmitted through INTERPOL to A 
the Government of India. Appellant challenged the 
legality/validity of the order issuing warrant. He also 
sought direction to restrain the respondents or any other 
Central Government from arresting the appellant or taking 
any action pursuant to or in furtherance of the red corner B 
notice issued by INTERPOL in respect of those arrest 
warrants. High Court dismissed the petition. Hence the 
present appeal. 
Allowing the appeal, the Court 
c 
HELD: 1. In the instant case, appellant is sought to 
be apprehended for commission of an offence u/s. 363 
IPC. The dispute between the appellant and respondent 
no.6 essentially being a matrimonial dispute, is a private 
dispute and no extraditable offence can be made out
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