'Similar Issue Before Apex Court': Rajasthan HC Refuses To Pass Order In Plea For Evacuation Of Indians Stranded In Ukraine

The plea averred that the petitioners had contacted the National Human Rights Commission to draw their attention to the "heart shaking" problems with their children, but the NHRC instead of providing immediate relief gave 8 weeks' time to the authorities.

Earlier, the Court was informed that the Centre is taking all possible measures. The Court had also asked the authorities concerned to the needful.

However, Justice Ashok Kumar Gaur refused to pass any orders at this stage.

"This Court, in view of pendency of similar issue before the Apex Court, does not intend to pass any order, at this stage."

This came after the counsels appearing in the matter informed the Court that the issue raised in the writ petition is sub-judice before the Apex Court. The court was also informed that the Apex Court has observed that the High Courts may not take up these matters, since it is already seized with the same.

In the meanwhile, the counsel for the respondents-State has submitted an additional affidavit regarding the students of State of Rajasthan stranded in Ukraine and a copy of the same has also been supplied to Additional Solicitor General RD Rastogi.

The matter is next listed on 21.03.2022.

Developments At Supreme Court

The Supreme Court on Friday sent a message to the High Courts to desist from entertaining and granting directions in pleas seeking evacuation of Indians stranded in Ukraine amid the Russian invasion, when the Supreme Court is seized of the issue.

A bench led by the Chief Justice of India orally expressed this message after the Attorney General for India expressed concerns regarding High Courts entertaining matters relating to Indians stranded in Ukraine. AG KK Venugopal said that another petition has been filed in the Rajasthan High Court and added that "many such petitions will now be filed".

Taking note of the AG's concerns, CJI NV Ramana orally said :

"Mr AG, you can inform your counsels appearing in State High courts that once we are hearing and Centre is taking steps, there's no meaning in every High Court entertaining and granting directions. Bring it to High Courts; notice that we are seized of matter".

The counsel for the petitioners include Mr. Sudarshan Kumar Laddha, Adv. The counsels for the respondents include M.S. Singhvi, Advocate General assisted by Mr.Sheetanshu Sharma, Adv. & Mr.Tarang Gupta, Adv. Mr.R.D. Rastogi, Additional Solicitor General with Mr.Akshay Sharma, Adv. (Through VC), Ms.Manjeet Kaur, Adv. & Mr.C.S. Sinha, Adv.

Case Title: Bhagirath Rathore & Anr. v. Union of India & Ors.