Delhi HC directs CBI to issue red corner notice against man who violated court's conditions
Apr 22, 2022
New Delhi [India], April 22 : The Delhi High Court on Friday directed the Central Bureau of Investigation (CBI) to take steps for issuance of a red corner notice against a person who has taken his minor daughter to Nepal violating the conditions imposed by the court.
A division bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar issued the direction to the agency to take steps for issuance red corner notice against Karan Goel who is currently said to be in Nepal.
The bench also directed Karan Goel to produce the minor school-going daughter of the petitioner before the court on the next date of the hearing.
The Court granted two weeks' time to counsel appeared for Karan Goel to file a reply on the petition. The matter has been listed on May 18 for further hearing.
The High court issued this direction in the habeas corpus plea moved by Kanika Goel, who is the mother of the minor child.
The bench was told by the Senior Advocate Rebecca John that the respondents along with three US citizens are in Nepal. The petitioner is also in Nepal. Nepalese authorities have been informed about the registration of FIR and they are doing what they can.
The senior advocate sought the court's direction to CBI for the issuance of a red corner notice against the respondents. She submitted that after the issuance of the red corner notice, the Nepalese authorities will send them back to India.
On the other hand, counsel appearing for Karan Goel submitted that the case of kidnapping can not be made out against the father. A red corner can only be issued for extraditable offences only. He has two orders passed by the US Court for custody of the child who is also a US citizen.
The bench rejected the contentions and said you put your submission in the reply. "We are not interested in what order US Court had passed. We are interested in what order this court had passed."
"You are in the gross violation of the orders passed by the co-ordinate bench of this court and conditions imposed while granting you interim custody and visitation rights. You did not mention the US Court order before that bench," it said.
The court said that if you are US citizens that don't mean you have some immunity. "You bring back the child or we will direct the authority to do what they can."
The court noted, "Your passports are here and you have travelled to Nepal. Are you going to produce the child or we will direct the authority to do what they can?"
Another bench headed by justice Mukta Gupta on April 18 had issued to Karan Goel and his mother Jasleen Goel for contempt of court for misleading the court and playing fraud by depositing a duplicate/fake/ second passport with the Registrar General.
On March 28, 2022, the High Court granted interim custody of the child to the father Karan Goel. The Court had directed him to deposit his and his mother's passport with the Registrar General. The Court had directed him to collect the passports from the court after the child is returned to his mother Kanika Goel on April 24, 2022. Instead, they had taken the child to Nepal.
A petition of habeas corpus had been filed on Sunday, April 17, 2022, through Advocate Ramakant Sharma. The Advocate Malvika Rajkotia, Counsel for the petitioner, had submitted that Karan Goel and Jasleen Goel have taken the child to Nepal by road and they are trying to go to the USA.
After hearing the submission, the vacation bench directed Delhi Police to register FIR. An FIR for kidnapping has been registered.
The Court had also issued notices to Karan Goel, Jasleen Goyal, Central Bureau of Investigation and Central Government.
The issue pertaining to the custody right is pending before the court. The supreme court of India 2017 had directed to decide the issue.
