Interpol's Notices Will Be Issued To Locate Producer Mushtaq Nadiadwala's Children In Pakistan: CBI Tells Bombay High Court

The Central Bureau of Investigation informed the Bombay High Court on Monday that INTERPOL's Yellow Notices for missing children will be issued to locate producer Mushtaq Nadiadwala's children currently in Pakistan.

The CBI explained that it required certain details of the children to get the notices, which Nadiadwala, through his lawyer, promised to share within 48 hours.

"The Interpol to take such steps as stated aforesaid and locate the children," a division bench of Justices Revati Dere and Sharmila Deshmukh said in the order.

The HC was hearing film producer Mushtaq Nadiadwala's plea claiming that his two minor children were illegally detained in Pakistan by his wife. The children are Indian citizens, he said.

During the last hearing the bench was informed that the wife had filed a petition against Nadiawala in a Pakistani court. Subsequently the court had called for proceedings pending before that court.

The CBI informed the court that the National Central Bureau (NCB-India), INTERPOL New Delhi was a part of CBI and had a very limited role.

The NCB-India merely acted as an interface between various law enforcement agencies of India and INTERPOL NCBs for Extradition related matters.

The agency submitted that as part of International cooperation the INTERPOL had devised a method of opening various types of INTERPOL Notices.

"In the present context, it is submitted that a Yellow Notice which is published to help locate missing persons including minors, or to help identify persons who are unable to identify themselves can be processed subject to availability of... information about the child from the petitioner or from the Investigating agency," CBI submitted.

Advocate Ashish Chavan for the Ministry of External Affairs, UOI reiterated that the absence of a mutual assistance treaty between the two countries was the primary reason for lack of progress in the case. He submitted a 5th letter written by the High Commission of Indian in Islamabad to the Ministry of Foreign Affairs (Pakistan) seeking to know 3 things about the whereabouts of the children:

1. Whereabouts of the two minor Indian citizens.

2. If their Visa has been extended or a fresh visa has been issued.

3. Has an application been filed to change the citizenship of the minor children from India to Pakistan.

Nadiadwala was represented by Advocate Beni Chatterjee.

After the bench pointed out that information could be retrieved from the Visa office as well, Chavan said they would do the needful.

Justice Dere noted in the order that according to the CBI, the notices would help locate the children and a message could be sent via Interpol.

The bench subsequently adjourned the matter to May 3, 2023.