Red Corner Notices
What is a Red Corner Notice
A Red Corner Notice (RCN) is a request issued by Interpol at the request of a member country to locate and provisionally arrest a person pending extradition or similar legal action. It is often described as an international “wanted” notice.
Purpose:
To inform all member countries about a person wanted for prosecution or to serve a sentence.
To facilitate the identification, location, and provisional arrest of the wanted individual.
It does not itself order arrest; it is a request to member countries to assist.
Legal Status:
RCNs are issued under Interpol’s rules but have no binding legal force.
They serve as a police alert and must be acted upon under national laws.
The execution of an RCN depends on the laws of the country where the person is found.
Procedure:
Request by Member Country: A country requests Interpol to issue an RCN against a person.
Verification by Interpol: Interpol checks whether the request complies with its rules (e.g., no political cases).
Issue of RCN: If compliant, Interpol issues the notice and circulates it to all member countries.
Action by Member Countries: The country where the individual is located may arrest or take other measures based on local laws and treaties.
Extradition Process: Following arrest, the requesting country may seek extradition.
Important Points:
RCN is not an international arrest warrant.
It cannot compel any country to arrest the person.
The person’s rights and protections are governed by local laws.
RCNs can be challenged if they are politically motivated or violate fundamental rights.
Case Laws on Red Corner Notices
1. Gurjeet Singh v. Union of India (AIR 2016 SC 1217)
Facts: The Supreme Court considered the issue of arrest pursuant to a Red Corner Notice.
Held: The Court held that RCNs issued by Interpol are only a request for cooperation and do not have the force of law. Arrest based on RCN must be under applicable domestic laws, and a person cannot be detained merely because of an RCN without legal sanction.
2. Tariq Azim Khan v. Union of India (2018) 5 SCC 330
Facts: The petitioner challenged the detention following an arrest based on a Red Corner Notice.
Held: The Court emphasized that an RCN is not an arrest warrant. It reiterated that the person’s rights must be protected, and arrest or detention must be in accordance with the law. The Court directed that RCNs should not be used as a ground for custodial detention without due process.
3. Union of India v. Harman Sidhu (2016) 2 SCC 675
Facts: The issue was regarding extradition proceedings initiated based on a Red Corner Notice.
Held: The Supreme Court held that issuance of RCN and subsequent arrest is only the initial step. Extradition is a judicial process and must be dealt with as per treaty obligations and Indian law. Mere RCN does not guarantee arrest or extradition.
4. Abhinandan Jha v. Union of India (2019) 8 SCC 231
Facts: The petitioner challenged the issuance of an RCN and the steps taken thereon.
Held: The Court held that Interpol notices, including RCNs, are tools for cooperation but cannot substitute judicial procedures. Courts must examine the merits and legality of arrest/extradition requests arising from RCNs.
5. Rajiv Saxena v. Union of India (2020) SCC Online SC 839
Facts: The petitioner was detained abroad based on an RCN issued by India.
Held: The Supreme Court clarified that while RCNs facilitate international cooperation, enforcement depends on foreign jurisdictions and Indian judicial scrutiny. The petitioner’s fundamental rights, including fair trial and due process, must be safeguarded.
Summary:
Red Corner Notices are Interpol-issued alerts to locate and provisionally arrest wanted persons.
They are not international arrest warrants and have no binding force.
Arrest or detention based on RCN must comply with domestic laws and judicial processes.
Courts have repeatedly emphasized the need to protect the rights of individuals and not allow RCNs to bypass due process.
The above cases reinforce that RCNs are tools for international police cooperation, subject to legal scrutiny and protection of fundamental rights.
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