HC issues notice to US embassy

MUMBAI: The Bombay high court (HC), on February 9, directed the court registry to issue notice to the American embassy and directed the state to send the nonbailable warrant (NBW) issued against an accused residing in New Jersey, the United States, to the embassy. The court has sought a report from the state within two weeks. The court has also directed commissioner of police, Thane to execute the NBW against another accused residing in Baroda. The directions came after the court was informed that both the accused, who were acquitted of a 2003 murder case, were not appearing for the hearing of the appeal against their acquittal filed by the state in 2004.

The court also directed issuance of a lookout notice against the accused and to circulate the same to airports to ensure their presence for the hearing.

On February 9, a division bench of justice Sadhana Jadhav and justice Nitin Borkar, while hearing an appeal filed by the state of Maharashtra against the acquittal, was informed that the state wanted to adduce further evidence in the case, and hence the appeal against the acquittal should be heard. The appeal was filed in 2004 wherein both the persons had been represented by their respective lawyers.

The matter has been posted for hearing on March 9. Advocate Ashraf Ahmed Shaikh said as per section 105 of the Criminal Procedure Code, reciprocal arrangements were made by the Centre with foreign governments, and in light of this the ministry of home affairs on February 11, 2009 issued comprehensive guidelines with regards to service of summons/ warrants/judicial processes.