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False case filed against me in Saudi what can I do
06-Dec-2023 (In Immigration Law)
I worked in Saudi for 10 years and come to India on vacation for 1 month, due to family health issues I stayed 6 months, now my friend called me from Saudi and said my sponsor filed a false case on me that I have taken his money while going to India which is not true. Will India send me to Saudi by force, what are my legal options in court? Punishments in Saudi is very harsh. Will the Indian immigration stops me if warrant against me? Can I able to travel other countries? What are the problems from Immigration? Please help
To give you relief
Firstly, “You (Indian nationals) can’t be extradited to Saudi Arabia”. India doesn’t extradite own nationals to Gulf countries and West Asian countries. If the charge is very serious, the accused will be tried in Indian courts according to Indian laws.
Secondly, The extradition Act 1962 gives India legal basis to extradite Indian national to foreign countries upon request. If a foreign country issues warrant on Indian national, the MEA (Ministry of External Affairs) forwards it to local law enforcement agencies. Once law enforcement agency arrests fugitive, they have to produce the detainee before Extradition Magistrate within 24 hours. If the evidence is strong and the warrant has grounds then only Magistrate will order for extradition. All the extradition decisions can be challenged in Higher Courts. Extradition of Indian nationals are not easy, our legal system has many provisions to get relief for extradition detainees.
Thirdly, No you will not have any problem with Indian immigration if you are travelling to other countries except Gulf Countries, but if there is arrest warrant pending which is very unlikely from Saudi Arabia for the charge you mentioned, then transit country immigration may stop you.
Lastly, my conclusion based on the description you mentioned, you will not have any problem if you are not travelling to Gulf countries, if there is warrant from Saudi then you can challenge it in Indian courts. Best of luck.
Disclaimer: The response to your query is general in nature not a legal advice to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
Firstly, “You (Indian nationals) can’t be extradited to Saudi Arabia”. India doesn’t extradite own nationals to Gulf countries and West Asian countries. If the charge is very serious, the accused will be tried in Indian courts according to Indian laws.
Secondly, The extradition Act 1962 gives India legal basis to extradite Indian national to foreign countries upon request. If a foreign country issues warrant on Indian national, the MEA (Ministry of External Affairs) forwards it to local law enforcement agencies. Once law enforcement agency arrests fugitive, they have to produce the detainee before Extradition Magistrate within 24 hours. If the evidence is strong and the warrant has grounds then only Magistrate will order for extradition. All the extradition decisions can be challenged in Higher Courts. Extradition of Indian nationals are not easy, our legal system has many provisions to get relief for extradition detainees.
Thirdly, No you will not have any problem with Indian immigration if you are travelling to other countries except Gulf Countries, but if there is arrest warrant pending which is very unlikely from Saudi Arabia for the charge you mentioned, then transit country immigration may stop you.
Lastly, my conclusion based on the description you mentioned, you will not have any problem if you are not travelling to Gulf countries, if there is warrant from Saudi then you can challenge it in Indian courts. Best of luck.
Disclaimer: The response to your query is general in nature not a legal advice to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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