Gupta Interpol red notices not active yet

Atul Gupta and other Gupta family members stand accused of being involved in state capture. File photo.
Atul Gupta and other Gupta family members stand accused of being involved in state capture. File photo.
Image: James Oatway

SA’s Investigating Directorate (ID) jumped the gun when stating Interpol had issued red notices for the arrest of two Gupta brothers and their wives.

On Tuesday, the directorate had to clarify that the red notices were still under consideration.

This after the ID on Monday said Interpol had issued red notices for Atul and Rajesh Gupta and their wives, Arthi and Chetali, who are wanted for prosecution in SA in connection with alleged fraud and money laundering charges.

“While it is correct red notices have been issued for circulation among law enforcement entities of Interpol member states in respect of four of the eight accused before the Bloemfontein regional court, red notices for the four Gupta family members are still under consideration by the Commission for the Control of Interpol’s Files (CCF),” said ID spokesperson Sindisiwe Seboka.

“The CCF is an independent legal body that ensures all personal data processed through Interpol’s channels conforms to the Interpol Constitution, in particular article 3 which ‘prohibits any intervention or activities of a political, military, religious or racial character’.”

The ID said the Gupta family members are on record before the state capture inquiry as being unwilling to travel to SA amid concerns that “the National Prosecuting Authority and other law enforcement agencies will be used and abused to prosecute them in circumstances where no case is made to justify such a prosecution”.

The ID said: “The CCF is duty bound to consider submissions of this nature against the requirements of article 3 before making a decision to issue a red notice. We are confident these notices do not violate the requirements of article 3 in that they are neither politically motivated nor of a military, religious or racial character.

“In addition, attempts to extradite all the accused abroad are under way. In particular, the extradition request in respect of the four Gupta family members to the UAE (United Arab Emirates) is awaiting confirmation of the presence of the family members in the UAE.”

The Bloemfontein regional court postponed the criminal case relating to the R25m Nulane Investments matter to September 6 to allow the legal representatives for the defence to consider the contents of the dockets.

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