Supreme Court Seeks Centre's Response On Plea To Repatriate Indians Allegedly Forced By Russia To Fight Ukraine War

The Supreme Court on Friday sought the response of the Union Government on a habeas corpus petition filed seeking directions to facilitate the safe repatriation of 26 Indian nationals who are allegedly detained in Russia and forced to fight the war against Ukraine.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi issued notice to the Centre after the Solicitor General sought time to obtain instructions in the matter. The Court directed that the notice be made returnable within one week.

During the hearing, counsel for the petitioners submitted that there had been "continuous and uninterrupted inaction" on the part of the authorities, and alleged that the stranded individuals were being compelled to participate in the ongoing conflict between Russia and Ukraine.

"We are stuck in Russia. We are fighting a war against Ukraine for a foreign state unwillingly," the counsel submitted.

Solicitor General Tushar Mehta, appearing for the Union Government, stated that the matter would be looked into and sought time to take instructions. Recording the submission, the Bench issued notice, while observing that it had already asked the Solicitor General to examine the issue.

According to the petition, filed by family members of the affected individuals, the 26 Indian nationals had travelled to Russia on tourist, student or other lawful visas after being promised legitimate employment opportunities by recruitment agents. However, after their arrival, their passports and identity documents were allegedly confiscated, their movement restricted, and they were subjected to coercion and threats, eventually leading to their forced enlistment into military structures associated with the Russian armed forces.

The petition states that the last communications received by families, mostly between September and October 2025, indicated that the individuals were stationed in or near active conflict zones such as Kupyansk, Selydove, Makiivka and Chelyabinsk, and had expressed fear for their safety while reporting that they were unable to leave the areas where they had been deployed. In several cases, families have since lost contact with them entirely and remain without verified information regarding their safety, medical condition or whereabouts.

The petition further alleges that despite repeated representations to authorities including the Ministry of External Affairs, the Indian Embassy in Moscow, the Ministry of Home Affairs and State Governments, the families have not received concrete information or effective assistance. It contends that the continuing uncertainty has caused severe emotional distress and economic hardship, and that the affected families are dependent on diplomatic intervention by the Union Government to trace and secure the safe return of their relatives.

Invoking the Supreme Court's jurisdiction under Article 32 of the Constitution, the petition asserts that the State has a continuing constitutional obligation to protect the life and liberty of Indian citizens even outside the country's territorial boundaries, particularly where they are unable to protect themselves. It also raises concerns about the operation of illegal recruitment networks within India that allegedly lure economically vulnerable citizens abroad under false pretences, exposing them to grave risks including forced participation in armed conflict.

In the petition, the petitioners have sought a writ directing the Union Government, through the Ministry of External Affairs, to take immediate diplomatic and consular measures through the Indian Embassy in Russia to ascertain the whereabouts, legal status and safety of the detained Indian nationals, secure consular access to them in accordance with the Vienna Convention on Consular Relations, 1963, and take necessary steps to facilitate their protection, welfare and safe repatriation to India. The petition also seeks directions to ensure welfare verification visits, facilitate communication between the detainees and their families, and provide medical care, humanitarian treatment and legal assistance wherever required.

Further, the petition seeks directions to the Union Government to place on record an affidavit detailing the protocol and standard operating procedures followed in cases where Indian citizens are reported missing, detained or stranded abroad, the steps already taken in respect of the detainees, and the current status of diplomatic efforts undertaken with Russian authorities.

Additionally, the petition seeks appointment of a nodal officer or counsel from the Ministry of External Affairs to coordinate efforts for tracing, protecting and repatriating the detainees, maintain communication with their families, and submit periodic status reports before the Court.

The petition also seeks directions to the concerned State Governments to investigate and take action against illegal recruitment agents allegedly involved in sending Indian citizens abroad under false pretences, and to file status reports on preventive measures.  

The petitioners are represented by Advocates Ritvik Bhanot,  Adhyayan Gupta, and  Aayush Shankar, Adv.

Case : DIVYA vs. UNION OF INDIA W.P.(C) No. 000451 / 2026