Indo-Pak thaw helps Rahat avoid arrest

NEW DELHI: Indian authorities on Monday dropped their plan to arrest Rahat Fateh Ali Khan, Pakistani singing icon and Bollywood's blockbuster voice, after sustained diplomatic pressure from Pakistan on the external affairs ministry.
The decision not to arrest the singer was influenced by the fresh peace process between India and Pakistan which started only a week ago.
Rahat and his nephew Maroof Ali were freed after 24 hours of questioning by investigators from the Directorate of Revenue Intelligence (DRI), but their passports have been retained.
"He will appear again for questioning and will remain in the country until investigations are complete," said R K Sharma, additional director-general of DRI. He clarified that no case had been registered againt Rahat yet. "Only after investigations, relevant provisions of Customs Act and FEMA rules will be invoked against them," he said.
Rahat and Maroof were caught carrying over $142,600 (Rs 64 lakh) at the Indira Gandhi International Airport on Sunday night.
Both the Customs Act and FEMA have provisions for arrest that could certainly have been invoked against an Indian caught in the same circumstance as Rahat. But with Pakistan seeking to turn his detention into a test case of India's desire for revival of dialogue, Rahat and others detained with him may get away by paying penalty provided for under the relevant laws.
In Mumbai, DRI sleuths raided the event management company responsible for Rahat's musical events and some hawala dealers believed to have exchanged dollars for him illegally. Chitresh Srivastava, who runs this company, has been summoned for questioning after officials found Rs 51 lakh in cash in his possession.
Pakistan government got into overdrive on Monday morning with foreign secretary Salman Bashir calling in Sharat Sabharwal, Indian high commissioner in Islamabad, asking for the immediate release of the singer.
Pakistan interior minister Rehman Malik called the Pakistan high commissioner here to ask for more action. The Pakistan high commission formed a task force to follow events but despite their best efforts, they failed to get access to the singer who was kept in detention. According to the rules, they could have asked for access if he had been formally arrested. Malik in turn rang up Vivek Katju, acting foreign secretary, asking for Rahat's release.
Within the Indian foreign policy establishment, the general feeling was that the high profile singer could be questioned without having to be kept in detention. At risk would be the PM's latest effort to mend fences with Pakistan, because Rahat is not only one of Bollywood's most popular singers, in many ways, he is also the voice of all the attempts to foster India-Pakistan peace.
The duo was detained at IGI airport on Sunday evening and later brought to DRI office at CGO complex in the capital. The questioning continued overnight. Sources said Rahat agreed to pay a spot penalty and appear for interrogation whenever summoned by DRI officials relating to the case.
Rahat and his aide were found in illegal possession of $50,000 in their check in baggage and Maroof had an additional $24,000 in hand baggage along with two bank drafts totaling $18,000. Sources said there were several counts under which Rahat could be booked. Under the Customs Act, a penalty of up to five times of the amount seized on a person carrying illegal foreign exchange can be imposed and under FEMA, there is a penalty provision of upto three times. In this case, a penalty under both the Customs Act and FEMA can be imposed.
Under section 132 & 135 of the Customs Act and Section 3 and 4 of FEMA, any individual illegally acquiring or carrying foreign exchange beyond the permissible limit — $5,000 in cash per person and bank papers not exceeding $5,000 — can be arrested in addition to a penalty. In this case, a senior Customs official said, had it been an Indian of any stature, arrest was inescapable.
Sources said Rahat told his interrogators that he had carried lesser amounts of foreign exchange on previous occasions too, but managed to evade detention.
For Pakistan, reeling under the diplomatic difficulties caused by the arrest of a US diplomat on a murder charge, events like this involving iconic Pakistani figures can send shockwaves through their system. In earlier days, ghazal singer Ghulam Ali has been under the scanner a number of times, but his popularity is nowhere close to what Rahat enjoys in India.