Fleeing Indian expats convicted in UAE will be punished in India

Dubai: Indian ex-pats can no longer escape punishment if convicted in civil cases in UAE despite fleeing to their home country as per the new law, Khaleej times reported.

According to reports, bank loan defaulters and other civil case convicts will now be executed in India even if they have sought safe heaven in their motherland India.

On January 18, the Indian Ministry of Law and Justice issued a gazette notification declaring the UAE as a “reciprocating territory” for the Code of Civil Procedure. The Ministry has also identified the UAE courts whose orders can be executed through Indian courts.

The notification in the official gazette said: “In exercise of the powers conferred by Explanation 1 to Section 44A of the Code of Civil Procedure, 1908 (5 of 1908), the Central Government hereby declares, United Arab Emirates to be a reciprocating territory for the purposes of the said section.”

Thereby the courts in UAE are Federal Supreme Court; Federal First Instance and Appeals Courts in Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah; Abu Dhabi Judicial Department; Dubai Courts; Ras Al Khaimah Judicial Department; Courts of Abu Dhabi Global Markets; and Courts of Dubai International Financial Centre.

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Anuradha Vobbilisetty, a lawyer with Dr Ibrahim Al Mulla Legal Consultants, said legal teams are still “awaiting clarifications on the matter”.

“The execution processes continue to remain unclear. However, it is a very good decision as there are several hundreds of such convicts living in India.”

According to him, many bank defaulters, case convicts have fled UAE with millions of money from banks between 2008 and 2012.

“Once it comes to executions, convicts will be forced to attach land and other immovable properties and stop taking advantage of the loophole. It also comes as a warning to those who fled to India after taking huge loans from banks in the UAE.”

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