Explained: What is Interpol red notice and how it will affect Nirav Modi’s wife

A red notice is issued at the request of member country. The Interpol clarifies that a red notice is an international wanted person notice, but not an arrest warrant.

The Interpol on Tuesday issued a red notice against the wife of fugitive Indian businessman Nirav Modi. The notice was issued on the request of Enforcement Directorate (ED).

File photo of fugitive diamantaire Nirav Modi.(Aniruddha Chowdhury/Mint)

Modi’s wife Ami is being investigated by ED in connection with laundering of money. The diamantaire, meanwhile, is in prison in London in connection with the Rs 13,500 crore Punjab National Bank (PNB) fraud case.

Ami had left India with Nirav Modi and other family members in first week of January, 2018, just before agencies started investigations in the PNB scam. It is alleged that she had gone to the US.

What is a red notice?

Interpol defines red notice as a request to law enforcement agencies worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.

The global body further says that a red notice contains information to identify the wanted person, such as their name, date of birth, nationality, hair and eye colour, photographs and fingerprints if available. It also information related to the crime they are wanted for.

It is issued at the request of member country. The Interpol clarifies that a red notice is an international wanted person notice, but not an arrest warrant.

The checks to be performed before issuing a red notice

Every red notice request is checked by a specialised task force of the Interpol. This review takes into account information available at the time of publication.

How will a red notice affect Ami Modi?

A red notice allows 192 member countries to locate a person wanted by the country which has made the request. This means that Ami Modi’s free movement will be affected now.

After a red notice against her, Ami’s name will be now in Interpol database at all the ports and airports across the world.

Ami was director in few companies which were allegedly used by Nirav Modi for laundering money. The ED had named Ami as an accused in the PNB money-laundering case for the first time in March last year.

Who are the subjects of red notices?

The Interpol website says that red notices are issued for fugitives wanted either for prosecution or to serve a sentence.

When a person is sought for prosecution, they have not been convicted and should be considered innocent until proven guilty. A person sought to serve a sentence means they have been found guilty by a court in the issuing country, it futher says.

Can a red notice lead to arrest?

Interpol says that it cannot force the law enforcement authorities in any country to arrest someone who is the subject of a red notice.

Each member country decides what legal value it gives to a red notice and the authority of their law enforcement officers to make arrests, according to Interpol website.