An Indian Civilizational Perspective

No superior status for NRIs in criminal cases: HC

Merely by going abroad a person cannot claim a status superior to that of other citizens of the country and would have to obey the orders issued by courts in India, the Delhi High Court has ruled.

Dismissing a writ petition by one Rajiv Tayal challenging the constitutional validity of an order passed by the ministry of external affairs impounding his passport, a Division Bench of Justice Mukul Mudgal and Justice H R Malhotra said there was no infringement of any fundamental fights guaranteed under Articles 14 (right to equality) 19 (right to freedom) and 21 (right to life and personal liberty) of the Constitution.

Tayal, a US-based NRI, is facing an NBW in connection with a dowry case in a local court in Delhi. He had challenged the MEA order impounding his passport after being declared a “proclaimed offender”.

The petitioner had contended that he was residing in the US and subjecting him to criminal process in India would be an unfair burden put on him and that he was not served summons.

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