Investigating agencies in India can now probe offences committed by the Indian nationals abroad, said the Kerala high court (HC) pronouncing a recent judgement. Justice B Kemal Pasha was considering a petition filed by R Balu Swamy of Thanjoor in Tamil Nadu, questioning the criminal case filed by the Kerala police against him, after he was deported from a foreign country (Sri Lanka) for travelling on a forged passport.
The Thiruvananthapuram (Kerala state) police had registered the case in December 2006, based on a complaint from the Trivandrum airport registration office when he was deported from Sri Lanka. The petitioner had contended in the HC that Kerala state police had no jurisdiction to register the case against him and the courts could also not entertain the matter as the offence was allegedly committed at the Sri Lanka’s Colombo airport.
Justice Pasha held that the petitioner had no case that he was not an Indian citizen. The apex court said, "This is a case wherein an Indian citizen has allegedly committed an offence abroad. He was deported and he landed in Thiruvananthapuram. The Valiyathura police station, within the jurisdiction of which the petitioner has landed, has jurisdiction to investigate the offence. The court below also has the jurisdiction to entertain the matter".
The apex court had also earlier dismissed the petition that required cancelling the case registered by the Kerala police.