Brothers Manpreet Singh Sabharwal and Pawandeep Singh Sabharwal were arrested on what they claim are “false and fabricated” charges in Dubai following which they remained incarcerated for a week.
UAE immigration authorities arrested them on 17 February at the Dubai airport where they had gone for holidays.
Both men are facing extradition to India over a criminal complaint lodged by Manpreet Singh Sabharwal’s former wife in June 2011 that Mr Sabharwal demanded a dowry and tried to kill her.
Divya Sabharwal alleges Manpreet and his family tried to kill her when they were in India in March 2011.
"They were forcing me to sign documents, including some blank documents. When I refused, they locked me in a room and then tried to kill me by giving electric shocks," she told SBS Punjabi.
She said her ex-husband was evading the law in India and denied her family posed any threat to his life.
"He has absconded for six years. His family fought the charges in the courts in India, they went to the highest court. But the court did not quash charges against them. It's only fair that he face the law now," said Divya.
The Family Court of Australia found that Divya Sabharwal’s complaints to be “malicious” during the custody hearing of the couple’s son.
Speaking to SBS Punjabi from Dubai, Mr Sabharwal said the charges against him and his brother were false and concocted.
“My brother hasn’t travelled to India after February 2009, and he was accused of this crime in March 2011,” he added.
He said the charges were framed in order to extort money from him.
Mr Sabharwal got a formal divorce in September 2012 after 7 years of troubled relationship with his wife. He was given the custody of his son who is still in India after his passport was allegedly taken away along with that of Mr Sabharwal who could return to Australia after obtaining an emergency passport.
Mr Sabharwal says he and his brother have had to spend a week in incarceration before they were given bail by a court. They will front the court again once a charge sheet by India’s Interpol is presented against them to press for their extradition. Their passports have been confiscated pending the decision on their extradition to India.
Mr Sabharwal said he feared for his safety if forced to return to India.
Australian consular officials said it was a “private legal matter” and they couldn’t intervene in it.
“This is a private legal matter that we are unable to intervene or interfere in. I understand you have been in touch with my colleagues in Dubai who have provided you with this advice also,” a DFAT official said in response to Mr Sabharwal’s appeal for help.
When contacted, the Department of Foreign Affairs and Trade told SBS Punjabi that consular assistance was being provided to the individuals arrested in Dubai.
"The Department of Foreign Affairs and Trade is providing consular assistance to two men who were arrested in Dubai and who are currently on bail. Consular assistance is being provided in accordance with the Consular Service Charter. Due to privacy obligations, we are unable to provide further information," said a department spokesperson.
However, according to the DFAT, it doesn't interfere in the legal jurisdiction of other countries and challenging an extradition request is a matter for private legal counsel.
