Interpol arrest warrant cannot be ignored merely because there is no extradition request: Kerala High Court

The September 8 ruling came in an appeal filed by Rakhul Krishnan, an NRI businessman who alleged that the respondent, Sreejith Vijayan, had borrowed about 6 million UAE dirhams from him for a hotel business, but left for India without repaying the money.

A Dubai court convicted Vijayan and sentenced him to two years in prison after Krishnan initiated criminal proceedings against him.

Since Vijayan had left Dubai, Krishnan approached the authorities for an Interpol Red Corner Notice and an international arrest warrant.

The same was issued on May 16, 2018 and sent through Interpol to India’s nodal agency, CBI-NCB Interpol.

However, the Indian authorities did not act on the warrant, citing the absence of a formal request from UAE for Vijayan’s extradition.

A single-judge of the High Court had earlier accepted this position, holding that the international arrest warrant by itself was not sufficient to arrest Vijayan in India and extradite him to the UAE.

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