Mr. Bharat Bhushan, Advocate v. UNION OF INDIA ORS

W.P.(CRL) 2369/2025 Page 1 of 4 $~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2369/2025, CRL.M.A. 26303/2025 JAGSEER SINGH .....Petitioner Through: Mr. Bharat Bhushan, Advocate. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Ishkaran Singh Bhandari, CGSC with Mr. Piyush Yadav and Mr. Vidur Dwivedi, Advocates for R-1, 2. Ms. Anubha Bhardwaj, SPP for CBI with Ms. Ananya Shamshery, Advocate. Mr. Bhupender Singh, Mr. Premsagar Pal and Mr. Chandra Mani, Advocates for R-4. CORAM: HON’BLE MR. JUSTICE SANJEEV NARULA O R D E R % 12.11.2025 1. The Petitioner alleges that his brother, Mr. Sukhchain Singh, an Indian national, was brutally murdered by Respondent No. 5 on 11th December, 2023 in Las Piæas City, Republic of the Philippines, and that the accused is currently absconding in India. The Petitioner contends that despite the issuance of a Red Corner Notice (‘RCN’) by the Republic of the Philippines against the said accused, no effective action has been taken by the Indian authorities. In this background, the Petitioner seeks the issuance of a writ of mandamus in the following terms: “a. Issue a writ of mandamus or any other appropriate writ, direction or order directing Respondent No. 1 to disclose the current status of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/11/2025 at 12:33:08 W.P.(CRL) 2369/2025 Page 2 of 4 extradition request submitted by the Republic of the Philippines in respect of Mr. Lakhvir Singh Sran and to expedite the same; b. Direct the Respondent Nos. 2 and 3 to initiate appropriate proceedings under the Bharatiya Nyaya Sanhita, 2023 for prosecution of Mr. Lakhvir Singh Sran within India in accordance with Section 4 read with Section 3(1) of BNSS 2023; c. Direct Respondent No. 4 to take appropriate coercive action to secure the custody of the accused and to ensure the safety and protection of the Petitioner and his family;” 2. Ms. Anubha Bhardwaj, SPP for the CBI, confirms that an Interpol Red Corner Notice was published by the Interpol Secretariat General (‘IPSG’) on 4th April, 2023, at the request of the Republic of the Philippines, against Respondent No. 5. She further submits that vide office letter dated 10th June, 2025, the Interpol Liaison Officer (‘ILO’), Punjab, was informed that NCB-Manila had issued Interpol Red Notice Control No. A-4733/4-2025 against Mr. Lakhvir Singh Sran, an Indian national, in connection with a murder case. The ILO was accordingly requested to confirm the subject’s location and report his whereabouts. 3. Pursuant to the said communication, vide letter dated 19th June, 2025, the ILO Punjab informed that a verification report had been received from the Senior Superintendent of Police, Moga. The report confirmed the identity and address of the subject, Mr. Lakhvir Singh. It was further reported that he was involved in FIR No. 126/2025 dated 14th June, 2025, registered under Sections 111(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25, 54, and 59 of the Arms Act, 1959 at P.S. City Moga. He was arrested in the said case on 19th June, 2025. 4. Based on the information provided by ILO Punjab, vide IGCS message dated 8th July, 2025, NCB-Manila was informed that the particulars of the subject, as mentioned in Red Notice Control No. A-4733/4-2025, had This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/11/2025 at 12:33:08 W.P.(CRL) 2369/2025 Page 3 of 4 been verified and found to be correct, and that the subject had been arrested in India in the aforementioned case. It was further conveyed that, as per Indian domestic law, an Interpol Red Corner Notice alone does not constitute a lawful basis for arresting a person wanted by a foreign law enforcement agency. Should the Republic of the Philippines seek the custody of the accused, a formal request for his provisional arrest and extradition must be routed through diplomatic channels in accordance with the relevant international treaties. A response from NCB-Manila in this regard is presently awaited. 5. Subsequently, vide office letter dated 4th August, 2025, a copy of Writ Petition No. 2935/2025 filed by the Petitioner, Jagseer Singh, was forwarded to the Joint Secretary (CPV), Ministry of External Affairs, with a copy to the Under Secretary, IS-II Division, Ministry of Home Affairs, New Delhi. The Ministry of External Affairs, being the Central Nodal Authority in extradition matters, was requested to update on whether any formal extradition request had been received from the Republic of the Philippines and to apprise of the current status of the matter. 6. Mr. Ishkaran Singh Bhandari, counsel for the Union of India, submits that as per the records of the Ministry of External Affairs, no extradition request in respect of Respondent No. 5 has been received to date. 7. Counsel for the Petitioner submits that, according to his information, the extradition request had been transmitted through official email. He states that he shall follow up on this issue. He urges that once the formal request is received, the Government of India should act with promptitude in accordance with law. 8. In view of the above, the present petition, along with pending This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/11/2025 at 12:33:08 W.P.(CRL) 2369/2025 Page 4 of 4 applications, stands disposed of, with a direction that as and when an extradition request from the Republic of the Philippines is received, it shall be processed expeditiously in accordance with the provisions of the Extradition Act, 1962 and other applicable laws. SANJEEV NARULA, J NOVEMBER 12, 2025 nk