19 May,2024 06:45 AM IST | Mumbai | Diwakar Sharma
Ishwar Khemchand Daryanani (left) allegedly made an obscene gesture within the High Court premises. (Right) His home in Jakarta
An Indonesian businessman, charged with sexual abuse in 2017, may soon be extradited from Jakarta to face trial in Mumbai. On April 15, the Ministry of Home Affairs (MHA) responded to the extradition request made by Azad Maidan police, and handed them the guidelines and list of documents needed in Marathi, English and Indonesian languages for the process.
The Governments of India and Indonesia have an Extradition Treaty. Ishwar Khemchand Daryanani, 59, allegedly molested, verbally abused and showed indecent gestures to a Bandra-based yoga teacher. A case was registered at Azad Maidan police station and they have initiated the extradition process through MHA and MEA (Ministry of External Affairs). The 32-year-old teacher had registered an FIR under Sections 354, 354A (1) of Indian Penal Code. Daryanani, who rented an apartment in Khar, soon fled the country.
The extradition process began when he ignored one bailable and two non-bailable warrants issued against him. One of the non-bailable warrants, issued by Esplanade Court on December 13 2023, was sent to his Jakarta address. "I filed the FIR on July 10, 2017," says the teacher, "Daryanani first flashed an indecent gesture at me within the High Court premises, then verbally abused me, and later pushed me on the road nearby." The Esplanade Court issued a bailable warrant for him on September 26, 2018 and a non-bailable warrant on August 28, 2023," she added.
Daryanani filed a discharge application at Esplanade court in response, but it was rejected on March 31, 2021. He then moved Sessions Court to challenge the rejection, but on June 19, 2023, it too rejected his plea. Prior to the filing of this discharge application, the Mumbai police and his accuser were not aware of Daryanani's location. "We got his Jakarta address from the discharge application," she says.
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A second non-bailable warrant was issued via the Indian Embassy in December 2023. "He was summoned in court by January 25, 2024," the teacher informs. But the court official requested the judge to allow him at least 90 days, as per guidelines. The next date for court appearance was set for April 15. Meanwhile, the Azad Maidan police wrote to the MHA and MEA to begin Daryanani's extradition process from Jakarta. On April 15, MHA responded with a letter signed by its Deputy Legal Advisor. Mumbai police is now in the process of preparing the documents required by Delhi.
