Karnataka HC Directs MHA To Fix Time Frame To Be Followed By Authorities For Serving Notice On Foreigners/Indian Nationals Staying Abroad
The Karnataka High Court has directed the Union Ministry of Home Affairs to fix a time frame for authorities like the Under Secretary (Legal), Internal Security-II Division, and the concerned embassy of the Republic of India in a foreign country to respond when a request is made for service of notice issued by a court or competent authority on a person residing abroad, whether a foreign...
The Karnataka High Court has directed the Union Ministry of Home Affairs to fix a time frame for authorities like the Under Secretary (Legal), Internal Security-II Division, and the concerned embassy of the Republic of India in a foreign country to respond when a request is made for service of notice issued by a court or competent authority on a person residing abroad, whether a foreign national or an Indian National.
A single-judge bench of Justice Suraj Govindaraj, in April, while hearing an application filed by the Official Liquidator seeking issuance of notice to the Director of a company in liquidation who is an Italian National, had said, “It is rather strange that the embassy of India at Rome has not responded to the request made on 1.8.2022 to date.”
Further, it said “It is hoped and believed that the embassy concerned as stated in the guidelines would respond at the earliest. No time frame has been fixed in the guidelines, it would also be required for the Ministry of Home Affairs to fix such time frames for each of the authorities to respond, so that matters are not held up like that in the present case.”
Deputy Solicitor General Shanthi Bhushan appearing for the Union of India had informed the court that issuance of notice is governed by the “Guidelines on Mutual Legal Assistance in Criminal Matters” issued by the Ministry of Home Affairs.
It was submitted that any request for service of notice on a person residing abroad whether a foreign national or an Indian national would have to be addressed to the Under Secretary (Legal), Internal Security-II Division, Ministry of Home Affairs, and on the basis of the request received by the said Under Secretary depending on the country in which the persons to be served is residing as having a Mutual Legal Assistant Treaty (MLAT) with the Republic of India, necessary action would be taken.
In the event of there being no MLAT, the Under Secretary would forward it to the concerned embassy of the Republic of India in that country who would correspond with the authorities in that country for the purpose of service of notice.
Following this the court said, “The said guideline not only applies to the official liquidator but would apply to any other governmental authority or Court requesting for assistance of service of notice, summons etc., and as such this procedure would have to be followed by the concerned authorities including Courts.”
It then directed “The Registrar (General) is also directed to forward a copy of the guidelines on the Mutual Legal Assistance in Criminal Matters 2019” issued by the Ministry of Home Affairs to all the Courts in the State of Karnataka to enable them to follow the procedure prescribed therein.”
On June 6, when the matter was heard, a memo was filed informing that the India Mission at Rome has not yet received any response regarding steps taken for service of notice.
Adjourning the matter for two more weeks, the court had said “The official liquidator is simultaneously permitted to take out notice through any other means as is convenient and practicable for service of notice on accused No.1.”