The Bombay High Court will hear on Monday a petition filed by music director Nadeem of the Nadeem-Shravan duo seeking to quash of the non-bailable warrants and red corner notices issued against him in 1997.
Nadeem, who is allegedly absconding after being accused of involvement in the murder of Gulshan Kumar, had approached the Bombay High Court through his father, Yunus Saifee, in December last year.
The warrants and red corner notices were issued in September 1997 after the Indian government initiated extradition proceedings against Nadeem who was based in London.
The petition prays that though British courts had rejected the Indian government's extradition proceedings, the warrants and red corner notices issued by Interpol had hindered Nadeem's movement, as he cannot travel outside Britain, where he has taken asylum since 1997.
The petition said Nadeem feared that if he travelled outside Britain, he could be arrested or detained and a second innings of extradition against the principles of double jeopardy could be held against him.
Nadeem's father has sought that the Central Bureau of Investigation be directed to recall the red corner notices against Nadeem and to take steps to ensure that his name is deleted from the list of absconding accused with the Interpol.
The petition prays that Nadeem had been tried once for extradition proceedings in Gulshan Kumar's murder case and any similar proceedings for the same offence would be against the principles of natural justice and double jeopardy.
Nadeem's father sought a direction from the court to the Central Bureau of Investigation to recall the red corner notices against Nadeem and to take steps to ensure that his name is deleted from the list of absconding accused with the Interpol.
When Gulshan Kumar was murdered on September 12, 1997 Nadeem was in London, states his petition. After the murder, the then police commissioner and the then Home Minister Gopinath Munde had alleged at a press conference that Nadeem was the prime conspirator. Following which extradition suit was filed by India in the House of Lords in Britain, which was rejected.
While rejecting the extradition suit, the London court had observed that the accusation of murder and conspiracy against Nadeem was not made in good faith or in the interest of justice. The judges had observed it would not be proper to return Nadeem to India because of "misbehaviour of police which have tainted the evidence so as to render a fair trial impossible."
The London court had also expressed unhappiness with the Indian authorities for failing to place on record the retraction of a confession made by accused-turned-approver Mohammed Shaikh Ali in the Gulshan Kumar murder case, who allegedly had attended conspiracy meetings in Dubai with Nadeem.
A magistrate in Mumbai had refused to record Ali's confession, as he feared for his life and his kin.
Besides, the trial court had acquitted 18 of the accused as the conspiracy charges could not be proved and only one was convicted.