'Can Foreign Police Be Asked To Not Arrest Indians?' : Supreme Court Dismisses PIL Seeking Guidelines For Safe Visit Of Indians Abroad

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a public interest litigation seeking guidelines for safe visit of Indians abroad. The petition was filed by a man who was detained in Abu Dhabi due to mistaken identity and sought a Standard Operating Procedure (SOP) for all citizens of India visiting abroad. 

At the outset, the petitioner submitted that he was detained for four days and was not provided with any food. Further, the Ministry of External Affairs of India had not responded to his request either. He submitted that the Ministry of external affairs should frame guidelines which ensure safe visit of Indians abroad. 

The bench was not convinced with the petition and stated that it could not direct the ministry to frame any such guidelines and even though the petitioner had suffered, the remedy that he was seeking was wrong. CJI DY Chandrachud stated–

“We can’t direct MEA to frame guidelines. Thousands of citizens go to abroad. You did face hardship but your remedy is incorrect. What will the SOP say? Can it say that foreign police cannot arrest Indian nationals? If a citizen goes to the territory of other country, he’s governed by that country's law. How can the MEA be directed to have such guidelines? You can ask for consular access but what can SOP do?"

Accordingly, the petition was dismissed by the court.

CASE TITLE: Praveen Kumar v. UoI WP(C) No. 1098/2022 

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