Don’t take action against KVP: HC

The judge made the order while taking on file a writ plea filed by the MP. The petitioner contended that he had neither knowledge nor notice as to the context or circumstances leading to the issuance of the said Red Corner Notice. Senior Counsel S Satyanarayana Prasad, appearing for the petitioner, pointed out that “neither the law enforcing agencies in India or the US nor any of the courts in the US or India had taken any proceedings against the petitioner leading to the issuance of the alleged Red Corner Notice”.

“The alleged indictment in the US Federal Court is unconstitutional and contrary to the Municipal laws of India, including the Code of Criminal Procedure, 1973. It is also in violation of the principles of Natural Justice. The alleged Red Corner Notice on the basis of such indictment is not binding on the respondents and the same is not enforceable against the petitioner,” Prasad said. He pointed out that the notice was also contrary and inconsistent with the law declared by the Supreme Court and added that the alleged violations were of 2006 and were allegedly took place in India. As per the applicable provisions in the Code of Criminal Procedure, any prosecution is barred by lapse of time as per laws of India.

“The petitioner is a citizen of India. Any arrest, provisional or final leading to his deportation, would be unconstitutional and violative of his fundamental rights. The threatened deportation of the petitioner to an unknown new and unidentified future environment is impermissible. Before the enforcement of any Red Corner Notice, the respondents have to take these into consideration,” Prasad added.