"I Will Take You Back If You Are Not Infected" Is Nazi Germany Way Of Things: Plea In SC Seeks Evacuation Of Fishermen Stranded In Iran [Read Petition]

A plea has been preferred in the Supreme Court seeking immediate evacuation of Indian Fishermen stranded in Iran, owing to the prevailing situation that has arisen amid the Coronavirus outbreak.

Petitioner is the wife of an Indian fisherman, who is stranded in Iran along with 860 others, belonging to the States of Tamil Nadu, Kerela & Gujarat. The petitioner highlights the dire straits that these Indians have been left in, destitute and without any help,

"That the husband of the petitioner along with 860 Indian fishermen belonging to the States of Tamil Nadu, Kerela & Gujarat are stranded in Iran in temporary shed & anchored boats in the coast of Bandar-e Moqam, a coastal village and Lavan Island both in Hormozgan Province of Iran. There is a complete lockdown and they are left to fend for themselves in an unknown foreign terrain with no help whatsoever coming from the Embassy or from the Iran Government"

The petitioner urges the court's intervention in bringing back the stranded fishermen to India and states that they have taken all requisite precautions so as to steer clear of the deadly virus. However, even if they to be found infected, the petitioner urges that they still be brought back to India and be kept in necessary quarantine conditions. Accordingly, the petitioner states that not doing so is the purely antithetical to Article 21 of the Constitution.

"...this measure of testing and then repatriation on the condition of negative result and of allowing the citizens of India to perish in a foreign country out of starvation and dehydration much less then the infected, to say the least is inhuman and completely contrary to Article 21." - the petition says.

In light of this, the petitioner, while calling out the Government for not bringing back infected Indian Citizens, draws a corollary between the Nazi Germany's stand of extremism.

"....'I will take you back if you are not infected' could be a British or Nazi German way of things and it is definitely not India way of things that too living with a constitution in hand. Moreover, it is unacceptable in any civilised society" - avers the petitioner.

The petition further elucidates callousness of the Government of India and states that even though an order was passed by the top court on April 1, 2020 (In the matter of Mustafa MH V. Union Of India) to bring back those citizens who are tested negative for Coronavirus, no test or visit has been undertaken by the Ministry of External Affairs as of today. 

Apropos this, it has been prayed by the petitioner that the Court immediately direct the Government to send "a team of at least 25 medicos herein to immediately test and treat the 860 stranded fishemen from the coasts and boats stationed in the shored of Bandar- e Moqamand..." and thereby send a flight to Lavan airport (or any other airport feasible to rescue the 860 fishermen).

Meanwhile, the petitioner prays, all requisite facilities for food, water and medical supplies must be provided the the stranded fishermen lot.

The petitioner has also annexed a document which lays down Member of Parliament H. Vasanthakumar's letter to Prime Minister Narendra Modi, dated March 12, 2020 seeking evacuation of the stranded fishermen in Iran.

On April 1, 2020, the Supreme Court had observed that the situation of 250 stranded Indian citizens at Qom, Iran, who had been tested positive for Coronavirus shall be closely monitored by the Indian Embassy & a decision to repatriate could not be taken currently.

The petition has been filed by Advocate K. Paari Vedhan on behalf of Mrs. Santha Muthulingam.

[Read Petition]