On 7th August, 2009, a two Judges Bench in Bhavesh Jayanti Lakhani v. State 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”.