Evacuation Of Indians Stranded In Ukraine : 'No Meaning In High Courts Entertaining Matters, When We're Hearing', Says Supreme Court

The Supreme Court on Friday send 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".

This development occurred while the Court was hearing two writ petitions seeking evacuation of Indians from Ukraine. The AG informed the Court that around 250 students who were stuck in Ukraine border, for whose benefit one of the petitions had been filed, have crossed over to Romania and that they will be brought to India tonight. The other matter was a lawyer's PIL, which came under criticism from the bench for its shoddy drafting and hasty filing, which the bench felt was an attempt to gain publicity by taking advantage of the situation.

The Supreme Court will consider the matters again next Friday.

Earlier this week, the Kerala High Court Advocates Association (KHCAA) had filed a writ petition in the High Court of Kerala seeking repatriation of students from Ukraine. The children of the two members of the Association were said to be stranded in Ukraine with no means to communicate or return to the State. KHCAA has therefore preferred a petition on behalf of all parents in the State who are awaiting the return of their children from Ukraine. The petition has been adjourned to next Monday.

Also, parents of two students studying in Ukraine have filed a writ petition in the High Court of Rajasthan. The Centre told the Rajasthan High Court that it is taking best possible efforts to rescue the students and the evacuation operation tilted "Operation Ganga" is underway under the direct supervision of four Union Ministers who are stationed in neighboring countries of Ukraine.

Case Title: Vishal Tiwari vs Union of India, Fathima Ahana Mohamed Ashraf vs Union of India

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