Volume 5, No. 2-3, February-March 2004


Report from Chennai

Demand the Immediate Release of Com. Gaurav

Chandraprakash Gajurel is a Political bureau Member of Communist Party of Nepal(Maoist). He was arrested on 20.08.03 at Chennai Airport for the alleged offences punishable under 468, 471 Indian Penal Code readwith 12 (1) (b), (d) of the Passport Act. He was produced before the Judicial Magistrate, Alandur, Chennai on 21.08.03 and his judicial remand is being extended for every 15 days. The maximum punishment contemplated under the passport Act is 2 years or with fine, which may extend to Five Thousand rupees or with both. Gajurel has completed more than 5 months in judicial custody and confined in the Central prison, Chennai. The prosecution has not filed the final report and no definite charges have been framed against him. The prosecution has not decided to drop the false passport charges.

Gajurel has filed a Writ Petition in the Madras High court invoking Article 226 of the constitution of India praying to issue a Writ of Mandamus forbearing the Union of India from deporting him without following the provisions of Indian Extradition Act 1962 and until the case registered against him is tried before the Judicial Magistrate, Alandur, Chennai. The High Court of Madras has passed an interim order stating that the Extradition request in respect of Gajurel should not be considered without getting orders from the High Court. Also, the Govt. of Nepal has issued a warrant through Interpol and a red corner notice has been exhibited in the Interpol’s Website. The Writ Petition has been filed mainly on three grounds namely:

(i) When there is no democratically elected Govt and an independent judicial system in Nepal, Gajurel will not be given adequate opportunity and justice.

(ii) The alleged charges leveled against him by the Nepali Govt are political in character and he shall not be deported by serving a ‘Quit India’ Notice under the Foreigners Act 1946 and the provisions of the Extradition Act should be strictly followed.

The Original Act of 1962 was amended by Central Act 66 of 1993. The amended Act provides for extra-territorial jurisdiction over foreigners for crimes committed by them outside India and it incorporates composite offences in the definition of extradition offence. It excludes "political offences" as a defence in cases of offences of a serious nature and it covers extradition requests on the basis of international convention. It also enables the Central Government to make and receive requests for provisional arrest of fugitives in urgent cases pending the receipt of the formal extradition request.

The Government of Nepal is not a member of commonwealth group and extradition between India and Nepal is governed by the Extradition Treaty, which came in to effect from 22.2.1963.

Two Central Committee Members of Gajurel’s organizations were killed in fake encounters. The Report of Amnesty International (AI) released in October 2003 contains various findings with regard to the above subject. The AI has recorded 250 cases of disappearances in Nepal and that the people against whom cases are registered are kept in unknown detention centers and relatives and advocates are not permitted to meet them. They are not produced in Courts also. The AI has concluded that the judicial system in Nepal is not able to function effectively and hundreds of Habeas Corpus Writ Petitions are kept pending for number of years.

Com.Gajurel has intended to seek asylum in any foreign country. If asylum is not granted, he is interested in seeking protection from the United Nations Refugee Commission. Astonishingly, as we go to the press news has come in that the government of India has arrested the person who stood surity for Gajurel.





Home  |  Current Issue  |  Archives  |  Revolutionary Publications  |  Links  |  Subscription