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Interpol can’t compel any nation to arrest Nirav Modi despite Red Notice

Each Interpol member country decides for itself what legal value to give the Red Notice within its borders, and the international police organisation cannot insist on anybody’s arrest.

india Updated: Jul 03, 2018 22:31 IST
Prasun Sonwalkar
Prasun Sonwalkar
Hindustan Times, London
Nirav Modi,Red Notice,Interpol
Nirav Modi and his family members have been charged with committing financial fraud, including a scam linked to the Punjab National Bank, running into thousands of crores of rupees. (Aniruddha Chowdhury/Mint)

Although controversial businessman Nirav Modi has been included in Interpol’s list of wanted individuals, the global body has clarified it cannot compel any country to apprehend those subject to a Red Notice or send its officers to conduct an arrest.

The international police organisation’s role is to assist national police forces in identifying or locating individuals with a view to their arrest, Interpol said in a statement from its headquarters at Lyon, France.

Modi’s details on Interpol’s website state he is wanted by judicial authorities in India on charges of money-laundering. He is reported to have travelled to several countries in the recent past, including the UK.

The Interpol statement said: “A Red Notice is a request to provisionally arrest an individual pending extradition issued by the General Secretariat upon the request of a member country based on a valid national arrest warrant. It is not an international arrest warrant.”

It added, “The individuals concerned are wanted by national jurisdictions...and Interpol’s role is to assist national police forces in identifying or locating those individuals with a view to their arrest and extradition.”

Many of Interpol’s 192 member countries consider the Red Notice a valid request for provisional arrest, especially if the individuals are linked to the requesting country via a bilateral extradition treaty.

“Interpol cannot insist or compel any member-country to arrest an individual who is the subject of a Red Notice. Nor can Interpol require any member-country to take any action in response to another member-country’s request,” the statement said, clarifying that “each Interpol member-country decides for itself what legal value to give (the) Red Notice within their borders”.

Modi and his family members have been charged with committing financial fraud, including a scam linked to the Punjab National Bank running into thousands of crores of rupees.

First Published: Jul 03, 2018 14:34 IST