The Delhi Police legal cell has highlighted issues with the way in which various departments are dealing with “overseas processes” — from summons and notices to bailable warrants meant to be issued to people abroad.
In a letter to several departments, the DCP (Legal Cell) wrote that “overseas processes… for execution through Ministry of Home Affairs/Ministry of External Affairs are not being properly dealt with according to guidelines issued by the MHA”.
The letter stated that the South East District, IGI Airport and Crime Branch were especially falling behind, and asked all departments to keep some points in mind. The departments have been asked to give the MHA “at least a period of 12 weeks time for service of such notices in the concerned countries”.
They have also been told to provide “brief facts of the case along with name, designation and contact number of officer who will be able to give any clarification on the facts of the case, if required”.
The letter was issued after the deputy legal adviser of the MHA raised the issue with Delhi Police and asked it to ensure compliance with the Ministry’s instructions. The letter was sent a few days ago to all 15 districts, Crime Branch, Special Cell, Airport and Railways after getting approval from Delhi Police Commissioner Amulya Patnaik.
“In case of non-English speaking countries, the notices should be accompanied with certification translation in the official language of the country where the notice is proposed to be served. This is particular in case of China and Nepal,” the letter states. “MHA authorities require the request in the form as at annexure for Nepal in Nepali language, Russia in Russian language….”
DCP (South East) Chinmoy Biswal said, “We have been informed by the legal department and from now onwards, we will carry out more scrutiny before sending such documents.”