Gujarat High Court Criticizes Ministry Of External Affairs For Inaction In Finding 9 Indians Missing On Way From Dominica To USA

The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee expressed strong dissatisfaction with the Centre's response, criticizing the vague report submitted by the MEA that lacked concrete efforts to trace the missing persons.

"Despite a categorical order dated 18.09.2023 passed by us, the categorical status report has not been filed by the respondent no.2 namely Secretary, Ministry of External Affairs, Government of India. The status report supplied to the Court today by way of affidavit of the Director (CPV) in CPV Division of Ministry of External Affairs, New Delhi is a sketchy, not supported by any communications mentioned therein,” the Court’s order read.

Chief Justice Agarwal during the hearing questioned, “What is the other method to find the whereabouts of these persons? Can you find out if they are locked up in some kind of jail or where people illegally traveling without passports are detained? These are known places. Can you do it?”

According to the PIL filed in the case before the Court, these nine individuals possessed valid visas issued by the Governments of Dominica and Antigua. The PIL further states that they initially arrived in Dominica and, after spending some time there, were en route to Antigua. A small vessel from Antigua had picked them up from Dominica for their onward journey. They were also reportedly seeking to enter the United States and apply for asylum.

Previously, the High Court had requested a status report from the Centre on the actions taken through diplomatic channels. However, the Centre's report presented on Friday detailed that local authorities in various countries had not responded to Indian embassies, and the embassies had not replied to the MEA's letters.

The only response the MEA received was from the Indian ambassador in Suriname, who provided information that eight individuals had traveled to the Commonwealth of Dominica, and the ninth person, Sudhir Patel, had gone to St Lucia. Regrettably, these countries did not confirm their presence.

Chief Justice Agarwal remarked, “The affidavit does not show efforts made by you. It is only a letter written to different embassies and they have not responded to you.”

“What kind of status report is this? You're telling us a story? You are filing a status report in the court. It has become a joke now? You are making a mockery of us, of this court,” Chief Justice Agarwal further said expressing disappointment at the perceived lack of effort.

In its order, the court observed, “Apart from writing letter, nothing has been done on the part of respondent no.2 to find out the whereabouts of 9 missing Indians. Taking strong exception to the inaction on the part of respondent no.2, in order to give one opportunity to make corrections, the matter is posted on 29.11.2023. The personal affidavit of the Secretary, Ministry of External Affairs, Government of India shall be filed on the next date fixed.”

The matter has now been posted for the next hearing on November 29 and asked the MEA secretary to file an affidavit on action taken. The court insisted that the government look at places where those traveling without passports are held.

Appearance: Anurag R Rathor(9315) For The Applicant(S) No. 1,2,3 Mr Yatin Oza, Senior Advocate With Mr Hj Dholakia(5862) For The Applicant(S) No. 1,2,3 Mr Masoom K Shah(6516) For The Applicant(S) No. 1,2,3 For The Opponent(S) No. 3,4,5,6,7 Advance Copy Served To Government Pleader/Pp For The Opponent(S) No. 1 Kshitij M Amin(7572) For The Opponent(S) No. 2

Case Title: Balwantsinh Setansinh Vaghela Versus Ministry Of Home Affairs

Case No.: R/Writ Petition (PIL) (Writ Petition (PIL)) No. 90 Of 2023

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