MEA bails out bizman in custody battle with estranged Dutch wife

Mumbai: A father cannot be charged with

kidnapping

his daughter, the external affairs ministry and the CBI informed the Bombay high court on Tuesday. In a relief to a Bandra

businessman

and a jolt to his estranged Dutch

wife

, the MEA said it had rejected a Netherlands government request to arrest Sajid Shah and extradite him on charges of abducting his

daughter

from Amsterdam. The court was hearing Sajid’s petition challenging the extradition request.

Sajid’s estranged wife Nazneen had filed a criminal complaint against him after he brought their two-year-old daughter back to India in September 2016. She accused Sajid of violently kidnapping their daughter from her house. Nazneen also launched an online campaign for the child’s return. An Interpol notice was issued for Sajid’s arrest and the Netherlands government requested the Indian authorities to arrest and extradite him to face trial.

Advocate Hiten Venegaonkar, counsel for the Centre, submitted an affidavit filed by the CBI along with an MEA letter. “Since the taking away of a child by her biological father does not amount to kidnapping, it is not an extraditable offence,” B P Bagchi, assistant director, National Central Bureau, CBI, said in his affidavit. “The MEA, in its May 5, 2017 letter, rejected the extradition request. In view of the above, Sajid shall not be arrested and no coercive steps will be taken against him and his daughter,” the officer added.

Nazneen had met Sajid in Amsterdam in 2010 during an Indian film awards event, and they were married in 2011. Nazneen said Sajid’s behaviour changed after the wedding. She gave birth to a girl in 2014. A local court awarded Nazneen her daughter’s custody in 2016. A few months later, Sajid abducted their daughter and brought her to India, she alleged. The criminal charges against Sajid invite a jail term of up to 15 years. Nazneen’s story went viral after it was shared on the Humans of Amsterdam Facebook page. A change.org petition to MEA for the return of the daughter reportedly got around 18,000 signatures within 24 hours.

Meanwhile, Sajid filed a divorce and custody petition before the

Bandra

family court. Sajid claimed he was trying to protect his daughter from his abusive wife. The MEA told the

Dutch

authorities that in March 2017, the court of appeals of Amsterdam had held that the local district court had no jurisdiction to hear Nazneen’s divorce petition or custody plea. The MEA said the petition for divorce and custody was pending and sub judice before the Bandra family court. After hearing the MEA and CBI stands, the HC disposed the petition filed by Sajid on Tuesday.

(Names changed to protect the family’s identity)