Letter to the Editor 05-09-2014 No justification for extra-territorial intrusion Dear Editor, In continuation of the illuminating Opinion of Joana Nicette “So that everybody can get justice” (Sept.4, 2014) I would like to add that a foreigner has no immunity against the law of the land he visits. So if a criminal accusation is made against the foreign national in his individual capacity the police has the primary duty to investigate into the allegation in order to ascertain the veracity or otherwise of such allegation. The police are the sole custodians of law and order in the country and as such, it is its foremost duty to investigate where the law is breached irrespective of nationality, social status or political importance of the person accused. There is no scope for a parallel or simultaneous investigation and certainly no justification for an extra-territorial intrusion into the police investigation which too is the initiation of a judicial process fortified by the law of the land. If, however, the police investigation is found to be inefficient or perfunctory in nature the competent State authority may order further investigation but certainly not abdicate or compromise its sovereignty and integrity by allowing any investigating authority of any other country to discharge the statutory function of its own executive organ. Likewise, no one can ever dream of a situation where judges of a foreign country to which the accused belongs, to sit upon judgment in such a case. An interesting analogy, hypothetical though, will be the case of the United States which is a vast country inhabited by nationals of a large number of other countries. It is but natural that these nationals might commit some crimes. If US intends to avoid any possible deterioration of good relationship between all the countries of these accused nationals and hence allows such foreign countries to depute their own investigating personnel or even judges to take place of the federal police or the US judiciary, that will be perhaps the end of the sovereignty, integrity and independence of the State. Let the law of the land prevail and its sovereignty flourish. H.Panda Indian High Commissioner India House, Au Cap
Posted on: Mon, 08 Sep 2014 06:47:39 +0000
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