Many cases have been opened against filmmaker Leena Manimekalai throughout India, including Madhya Pradesh, Delhi and Uttar Pradesh, with a poster of her film featuring the goddess Kali. Leena has been charged with felony criminal mischief for the purpose of religious intolerance, intentionally inciting hatred and defamation.
FIRs was introduced after the filmmaker wrote on Twitter a poster of his documentary, entitled “Kaali”, in which the goddess was depicted smoking a cigarette and holding a LGBTQ flag.
However, getting a defendant to face the law is a daunting task when one is abroad. Legal experts are of the opinion that in such cases it is difficult to bring the matter to a fair conclusion.
“According to the law, the Indian police are authorized to investigate a foreigner in India for a crime committed in India. However, the process involved has taken a long time and I do not see any hope that Indian police will be able to investigate Leena in a country like Canada, ”High Court spokesman KV Dhananjay told India Today TV.
“First of all, the national government and the Union government must first reach an agreement that Leena should be investigated abroad. If such an agreement is reached, they will have to ask the Canadian authorities to allow our police officers to deal with Leena in their place. Canadian courts take human rights seriously and may mock the filmmaker’s allegations. In fact, the Indian government could become a laughing stock in the world if it pursued Leena on Canadian soil. The FIR against Leena is only suitable for home use, ”he added.
“The police are trying to investigate the case and open the case if there is a case. If the respondent is an Indian citizen, a final permit may be sought and obtained through a number of procedures, including the cancellation of a passport. If the defendant is not a citizen, he or she may be required to be deported, but it is not uncommon for a country to deport a citizen for a foreign trial, ”attorney general Sanjay Hegde told India Today TV.
CONCLUSION CIRCUIT: STEP ONE
Madhya Pradesh discusses asking the Center to issue a checklist against the filmmaker.
The Loop Circuit (LOC) is issued to the respondent, the suspect or a person who has an interest in the investigation by the state authorities directing border security agencies to notify the relevant investigative agencies if a person is seen fleeing or entering the country. Notice of the LOC is sent to the immigration authorities at airports, seaports and water ports and along roadways.
The Madurai-born filmmaker, who is based in Toronto, is believed to be out of the country and if a law firm wants to continue the case forcing him to return to India to face international law, only the help of the International Police (INTERPOL) will only happen.
According to the process, state police will have to write to the Central Bureau of Investigation (CBI), India, stating that the man is wanted in the investigation. The CBI may request INTERPOL to issue a notice to distribute the areas where the person can be reached. However, the local authorities or immigration authorities of the country in which the person appears will not have the power to detain that person.
DEDICATION TO INDIA IS NOT EASY
To bring a person to India, the Red Corner Notice will have to be issued by INTERPOL. An application for a Red Corner Notice can be made by the CBI if a free bail permit is issued by an Indian court or a case file is filed in person.
Once INTERPOL is satisfied with the details of the investigation, the Red Corner Notice is issued to private institutions in more than 180 countries with contact details. Once a person’s location has been confirmed, local authorities can detain or detain that person and notify their Indian counterpart through INTERPOL.
A recent example is a diamond dealer Nirav Modi, who was arrested by the UK authorities on the basis of the Red Corner Notice at the request of the Indian authorities. Nirav Modi is accused of embezzling Rs 13,000 crore in Punjab National Bank.
Once a person is found, he or she can later be deported or sent back to India. Dismissal is a simple process, but it depends on the relationship between the two governments.
Rajiv Saxena, a wanted suspect in AgustaWestland, was deported from Dubai at the request of Indian authorities.