The Delhi High Court has set aside the arrest orders issued against Vinay Mittal who has been extradited from the Republic of Indonesia by CBI in a fraud case alleging the involvement of 43.19 crores.
A single-judge bench of Justice Vibhu Bakhru while pronouncing the judgment through video conferencing, however, noted that “there would be no impediment in the CBI prosecuting the petitioner in other cases ones the extradition requests in respect of those cases are acceded to by the Republic of Indonesia.”
The petition has been filed by Vinay Mittal alleging that he has been falsely implicated by the Central Bureau of Investigation in various cases alleging siphoning of funds of Punjab National Bank (PNB).
Vinay contended that he has been arrested and extradited in one case. Whereas, his arrests in other cases are illegal and violate Section 21 of the Extradition Act, 1962. He further added that since he was extradited only in one matter, he could not be prosecuted in other cases filed against him.
It was also contended that the same is not permissible in view of the Rule of Speciality as embodied in Article 14 of the extradition treaty between the Republic of India and the Republic of Indonesia.
The CBI alleges that the petitioner was a proprietor of two firms, namely, M/s Krishna and Krishna Enterprises and M/s Mittal Metals. And, the bank account of these firms were used to siphon off funds from the banks. It is alleged that an aggregate amount of funds involved in the seven cases is approximately ₹4319.56 lacs.
Read the order here;pdf-upload-380151
-India Legal Bureau