Merely by going abroad, a person cannot claim a status superior to that of other citizens of the country and would have to obey the orders issued by courts in India, according to a ruling by the Delhi High Court.
Dismissing a writ petition by one Rajiv Tayal, challenging the constitutional validity of an order passed by Ministry of
External Affairs impounding his passport, a division bench of justices Mukul Mudgal and H R Malhotra said there was no infringement of any Fundamental Rights guaranteed under Articles 14 (right to equality) 19 (right to freedom) and 21
(right to life and personal liberty) of the Constitution.
Tayal, a US-based NRI, is facing a non bailable warrant in connection with a dowry case in a local court in New Delhi. He had challenged the MEA order impounding his passport after being declared a proclaimed offender.
The petitioner had contended that he was residing in the US and subjecting him to criminal process in India would be an unfair burden put on him and that he was not served summons.
His counsel contended that the investigation into the case ought to have been conducted by sending a questionnaire and that he should not be asked to join the probe in India.
However, the court said, "the acceptance of such a plea would give premium to the petitioner who happens to travel abroad and it will thus be open to such an accused to misuse the process of law and make a mockery of the Indian judicial system by making such a special procedure totally opposed to criminal jurisdiction."
The bench also rejected Tayal's plea that the officials' move to enforce his presence in a court here militated against the immigrant status sought by him in the US and was also violative of his Fundamental Rights.
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