Friday, November 27, 2009

Bhavesh Jayanti Lakhani v. State of Maharashtra and Ors. (Crl. A. No.1452 of 2009)

On 7th August, 2009, a two Judges Bench in Bhavesh Jayanti Lakhani v. State of
Maharashtra and Ors. (Crl. A. No.1452 of 2009) held that “the Municipal Laws of
a country reign supreme in matters of Extradition.”
“A fundamental Right of a citizen whenever infringed, the High Courts having
regard to their extraordinary power under Article 226 of the Constitution of India
as also keeping in view that access to justice is a human right would not turn him
away only because a Red Corner Notice was issued”, said the Bench.
The Bench furthermore held that “if a violation of any order passed by a civil court
is made the ground for issuance of a Red Corner Notice, indisputably, the court
will enquire as to whether the same has undergone the tests laid down under
Sections 13 and 44A of the Code of Civil Procedure”.

No comments: