New Delhi: The Delhi High Court today allowed Kyrgyz national Aida Askerbekova to visit her country for surgery of her child. Aida is facing prosecution in a gold smuggling case.
In allowing Aida Askerbekova to travel her country, the Kyrgyz Republic, Justice Anu Malhotra ordered her to deposit Rs 10 lakh as bond in the form of an FDR in the Court of the Chief Metropolitan Magistrate, New Delhi, for a period of 45 days and return to India on the 46th day. The judge also requested the Embassy of the Kyrgyz Republic in New Delhi, to ensure that she does return to India.
The High Court dismissed the request of Begaim Akynova (petitioner 2) to visit her country. She had claimed that she wanted to visit her spouse, who is suffering from COVID-19.
Aida Askerbekova (petitioner -1) and Begaim Akynova from Kyrgyz Republic were arrested at the IGI Airport, New Delhi on September 13, 2019 and while 3,150 gms of gold was recovered from Aida, 1,875 gms were recovered from Begaim. The total value of all gold recovered was Rs 1,91,74,395. They made bail from the CMM, Patiala House Courts, with the condition that they would not travel abroad without the permission of the Trial Court.
The petitioners moved an application before the CMM to travel abroad and this was declined on December 10, 2019. They filed a revision petition before the Sessions Judge, New Delhi. That, too, was dismissed on the ground that since there was no extradition treaty with the Kyrgyz Republic, their return for the case was not sure.
An undertaking was filed by the Embassy of Kyrgyzstan in respect of Aida Askarbekova and she sought permission from the court to travel her home due to the urgency, as her toddler son’s health is in a precarious state and he has been advised to undergo a medical surgery as soon as possible. She has been asked to be in India as and when required.
Read the order here;
HC-order-31.08.2020– India Legal Bureau