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Switzerland-based firm Swiss Timing Limited, accused in a Commonwealth Games-related graft case, on Thursday told the Delhi high court that any coercive legal action against it for not appearing before a trial court here will be in violation of its rights under international law.
Appearing for the company, advocate Amit Desai told Justice Mukta Gupta that being a foreign entity, the firm has some rights for its legal protection while appearing in a court of law in another country. “Just as proper legal procedure is followed during extradition, the same has to be in the case of issuance of summons. There are serious rights involved in the transfer of an individual from the jurisdiction of one country to that of another,” he said. The lawyer said that even during the extradition of underworld don Abu Salem, the Portugal government gave him the right to be protected from being tried for offences punishable with death in India.
He argued that coercive legal action such as attaching the property of or issuing Red Corner notice against Swiss Timing was unlawful as it was not a simple affair for the firm to appear in a court in another country and face serious criminal proceedings. The counsel reiterated that proper legal procedure was not followed by Indian authorities while issuing summons to his client.
“In the letters (from India to Swiss authorities), there is no reference to summons. They give the impression that they are for collection of evidence and recording of statements, not seeking the firm’s presence in India,” the lawyer said. Instead of following the scheme of law by sending the request from Indian court to a Swiss court, the request was sent by Indian embassy to the Swiss police, which does not subscribe to the laid down legal procedure.