In fact, the video in which Khan offers to return to Bengaluru and reveal everything to the police, should make extradition easier, a retired IPS officer, who did not want to be named, said.
BENGALURU: While the Special Investigation Team (SIT), looking into the I Monetary Advisory (IMA) fraud, says its chances of bringing back founder Mohammed Mansoor Khan to India may not be that easy, experts say it is not impossible and might even be simpler due to Khan’s last video.
In fact, the video in which Khan offers to return to Bengaluru and reveal everything to the police should make extradition easier, a retired IPS officer, who did not want to be named, said.
The SIT on Monday said they knew Khan’s location and sources said that it was not possible to seek his extradition without charge-sheeting him. However, there are other options, experts say.
“Chargesheet is required for seeking extradition of an accused from a foreign country but there are some legal provisions under which the request for extradition can be made even before charge sheet has been filed,” he said.
“Since they know the location of the accused, the police can seek his extradition from the host country if they can adopt the ‘dual criminality’ approach, under which a fugitive can be extradited for an offence, only if it is a crime in both the countries. Mansoor has been charged with cheating (Section 420) and breach of trust (Section 406) of the IPC. There are over 30,000 complaints in this case.
The officer also said that the SIT could itself seek assistance from the host country. “The SIT can seek assistance under Section 166 A of the Code of Criminal Procedure (CrPC).
The section is a letter of request issued from the designated criminal court in India to a competent authority for investigation in a country or place outside India, where the fugitive is located,” the officer added.
Seven directors of the Ponzi company IMA – Dada Peer, Nasir Hussain, Naveed Ahmed Nattamkar, Nizammudin Azeemuddin, Afshan Tabassum, Afsar Pasha and Arshad Khan –deposed before the Enforcement Directorate in Bengaluru on Monday.
Sources on condition of anonymity told TNIE that the timing and content of Mansoor’s video need to be examined.
“In the video Mansoor has alleged that there was 120 kg of jewellery and 600 kg bullion gold in the vault, when he left Bengaluru and he had received information that most of it have been moved from the vault by board directors Nizammuddin Azeemuddin, Mohammad Wasim (Mansoor’s cousin), Khalid Ahmad and his son Fahad Ahmad, along with staff. Mansoor is aware of the ED notice. Is he trying to dilute his criminality by offloading it on others? It is a matter to investigate,” the officer said.
