Mehul Choksi, a fugitive diamond trader who has fled the country after a scandal of around Rs 5 crore from Punjab National Bank, has finally been arrested in Belgium on April 14 yesterday. Mehul along with his nephew Nirav Modi had illegally taken money from the bank and fled abroad. The court also issued a warrant against him but when he was not present, he was declared a fugitive.
Tell us when the offender is declared a fugitive? What happens to him? How does this process start and how are the runaway brought back?
Who declares a person a fugitive?
Generally, what we call a fugitive or absconding in the language of colloquial or for which we use the word runaway, has been defined in the language of the law. In the law, the accused also has the power to seize the property of the accused declared. According to Supreme Court Advocate Ashwini Dubey, if a person is pending a case or issued an arrest warrant against anyone and he does not appear in the court’s order and the court, despite the court’s order and summons, the court does not cooperate adequately in the investigation of the case.
What action can be taken against the runaway?
A person who can be declared a fugitive mainly includes anonymous transactions, money laundering, tax evasion, fake government stamps or currency preparation and other offenses. After the accused is declared a fugitive, the court may also order the seizure of his property.
However, even if the accused appears in court, even after the fugitive is declared, the court may also cancel the seizure proceedings against him. If the accused sends his lawyer to court instead of appearing himself, he will have to report within a week when the accused will appear in court. If this does not happen, the seizure process may resume.
What rights do you get?
However, after the fugitive was declared, the accused also has the right to appeal to the High Court against the lower court’s decision. Generally, appeals can be made to the High Court within 30 days following the order of the lower court. However, if the appeal is delayed, the accused has to tell the court the reason.
Trials can also be driven in the absence
Advocate Ashwini Dubey says a case cannot be filed against the accused who have previously declared a runaway. In the CRPC, after being declared a fugitive, his property was confiscated. In addition, their photos were transmitted to the media through various means. However, after the implementation of the Indian Civil Security Code (BNSS), the situation has changed. In this, the trial provision has been made in the absence. This means that even in the absence of any accused, a trial can be carried out in court.
Law help is sought for arrest abroad
Even if a person commits a crime in the country and flees abroad, he is declared a fugitive. The help of other countries is taken to capture and return such a person. Security agencies announce the Red Corner notice for this. By this notice, other countries are informed that a person has fled after a crime in a country. Through this notice, other countries’ police and security agencies are appealed to help the culprit.
The appeal is based on the arrest warrant issued by the court of the country. However, whether or not to arrest someone, the culprit or the accused in which the accused resides under its own law. If this Red Corner notice complies with Interpol’s rules, Interpol also issues it and it is issued simultaneously by its 192 member countries and it is easier to arrest the accused.
The extradition treaty becomes a support to bring them back
If an accused or criminal is caught abroad, extradition laws and treaties are used to bring them back to the country. All countries extradite with other countries to bring back criminals from their country. Under this, a person arrested in another country is returned to his country. For this, the country in which it is caught will have to get permission from the court.
Sometimes an extraditional person also gets some rights under the law of that country. For example, in the extradition treaty with many countries, it is mentioned that the person brought from there cannot be died. Even if such a person is brought to the country, he is not sentenced to death because he will be a violation of the extradition treaty.
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