The High Court declined to examine the merits of this writ petition as it had become infructuous because the fugitive petitioners were about to be produced before the court on the date of hearing.
The writ petition was closed as it became infructuous due to the imminent production of the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 24TH DAY OF OCTOBER 2017/2ND KARTHIKA, 1939
WP(C).No. 26260 of 2017 (F)
PETITIONERS:
1. LESLIE DANIAL, KODINJINAL HOUSE, MYLAPRA TOWN P.O., PATHANAMTHITTA DISTRICT. (HOLDER OF INDIAN PASSPORT NO.J 3464004, NOW RESIDING IN AJMAN, U.A.E.).
2. MRS.SANTHAN SUSAN LESLIE, KODINJINAL HOUSE, MYLAPRA TOWN P.O., PATHANAMTHITTA DISTRICT. (HOLDER OF INDIAN PASSPORT NO.J 3464004, NOW RESIDING IN AJMAN, U.A.E.).
(BOTH THE PETITIONERS ARE REPRESENTED
BY THEIR POWER OF ATTORNEY HOLDER DENNA LESLIE, KODINJINAL HOUSE, MYLAPRA TOWN P.O., PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.THOMAS GEORGE SRI.TONY GEORGE KANNANTHANAM
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110 001.
2. THE CONSULATE GENERAL OF INDIA, AL HAMRIYA, DIPLOMATIC ENCLAVE, P.O.BOX NO.737, DUBAI, UNITED ARAB EMIRATES.
3. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM-695 001.
WP(C).No. 26260 of 2017 (F)
4. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKAD, TRIVANDRUM-695 001.
5. GEORGE VARGHESE, OTTALANKAL HOUSE, RAILWAY STATION ROAD, TIRUVALLA-689 101.
*** ADDL.R6 IMPLEADED:**
ADDL.R6: CENTRAL BUREAU OF INVESTIGATION,
*** ADDL.R6 IS IMPLEADED AS PER ORDER DATED 16.08.2017 IN I.A.NO.12974/17.**
R1 & R2 BY ADV. SRI.SUVIN R.MENON, CGC BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA R3& R4 BY ADV.SRI.SUMAN CHAKRAVARTHY, DIRECTOR GENERAL OF
PROSECUTION
R5 BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX
ADDL. R6 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, FOR C.B.I.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
WP(C).No. 26260 of 2017 (F)
APPENDIX
PETITIONERS’ EXHIBITS:
EXT.P1. TRUE COPY OF THE BAILMENT CERTIFICATE ISSUED IN RESPECT OF THE 1ST PETITIONER.
EXT.P1(A). COPY OF THE ENGLISH TRANSLATION OF EXT.P1.
EXT.P2. TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.225 OF 2016 DATED 29.02.2016 OF THIS HON’BLE COURT.
EXT.P3. TRUE COPY OF THE PRINT OUT OF APPLICATION ONLINE RTI REQUEST FORM DETAILS.
EXT.P4. TRUE COPY OF THE REPLY OF FINAL STATUS OF MEAPD/R/2017/51286.
EXT.P5. TRUE COPY OF THE REPRESENTATION DATED 31.07.2017 FROM THE PETITIONER TO THE 4TH RESPONDENT.
EXT.P6. TRUE COPY OF THE ORDER DATED 20.07.2000 OF MINISTRY OF EXTERNAL AFFAIRS.
RESPONDENTS’ EXHIBITS:
EXT.R5(A). TRUE COPY OF THE FINAL REPORT IN CRIME NO.740 OF 2012 OF PATHANAMTHITTA POLICE STATION.
EXT.R5(B). TRUE COPY OF THE ORDER IN CRL.M.P.NO.1129 OF 2012 IN L.P.NO.45/2011 THE COURT OF CHIEF JUDICIAL MAGISTRATE, PATHANAMTHITTA.
EXT.R5(C). TRUE COPY OF THE INFORMATION OBTAINED FROM PATHANAMTHITTA POLICE STATION BEARING NO.108/RTI ACT/15 PTA DATED 12.01.2016.
EXT.R5(D). TRUE COPY OF THE ORDER DATED 20.10.2015 IN CMP NO.3735/2015 IN LP NO.45/2011 ON THE FILES OF CJM, PATHANAMTHITTA.
EXT.R5(E). TRUE COPY OF THE STATEMENT FILED ON BEHALF OF THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA IN CCC 2237 OF 2016.
WP(C).No. 26260 of 2017 (F)
EXT.R5(F). TRUE COPY OF THE JUDGMENT DATED 14.06.2017 IN CCC 2237 OF 2016.
EXT.R5(G). TRUE COPY OF THE RED NOTICE ISSUED IN THE NAME OF 1ST PETITIONER.
EXT.R5(H). TRUE COPY OF THE EMAIL DATED 06.01.2016 RECEIVED BY THE 5TH RESPONDENT FROM THE CGI, DEBAI.
// True Copy //
P.A. To Judge
DSV/-
B. KEMAL PASHA, J.
................................................................ W.P.(C) No. 26260 of 2017
............................................................... Dated this the 24th day of October, 2017
J U D G M E N T
When the fugitives involved in this case have been placed under arrest and they are about to be produced before court today itself, this writ petition has become infructuous, and hence this petition can be closed.
In the result, this Writ Petition is closed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
// true copy //
P.S. to Judge.
LESLIE DANIAL
MRS.SANTHAN SUSAN LESLIE
UNION OF INDIA
THE CONSULATE GENERAL OF INDIA, AL HAMRIYA
STATE OF KERALA
THE DIRECTOR GENERAL OF POLICE
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
