Russia Obligated To Legally Assist India In Locating Woman Who Fled With Child During Custody Case: Supreme Court

In the case where a Russian woman has fled the country with her child, despite pendency of a custody battle with her Indian husband, the Supreme Court recently observed that in terms of the Treaty entered by it, Russia has obligation to legally assist India in its criminal investigation.The Court urged the Ministry of External Affairs to make a fresh request to the Russian authorities for assistance, despite their initial failure to help."In terms of the obligations contained in the Treaty, we direct MEA to submit a fresh request to Embassy of Russian Federation alongwith copy of FIR and other relevant documents to impress upon the requested party to provide the requisite assistance in terms of the mutual obligations. In addition, ld. ASG is requested to contact the Indian embassy in Russia and to see that the Indian embassy uses its diplomatic channels in finding out the whereabouts of the petitioner and the minor child" ordered the Court.In a carefully worded order, it also reminded the Russian authorities of their obligation to cooperate with India in a criminal investigation, including "locating persons"."The Embassy of the Russian Federation ought to remind itself the bilateral obligations in terms of 'Treaty between Republic of India and the Russian Federation' on mutual legal assistance in criminal matters. The Treaty provides that the contracting parties shall grant each other the widest measure of mutual assistance on legal matters, that would include in respect of investigations, "all proceedings in the jurisdiction of the requesting party" in a criminal matter. Para 6 of the Treaty further explains that the assistance in terms of the Treaty shall include "6.1. Locating and identifying persons and objects", etc..."A bench of Justices Surya Kant and Joymalya Bagchi passed the order upon hearing Additional Solicitor General Aishwarya Bhati, who informed that MEA sent a communication to the Russian embassy seeking assistance inter-alia in ascertaining the whereabouts of the petitioner-woman and the minor son. However, the embassy expressed inability to share the information on the ground that it requires consent before sharing an individual's information but it has not been able to trace the petitioner in order to do so.The ASG further informed that an FIR has been registered against the petitioner for various offenses, including kidnapping, forgery of valuable security, forgery of digital/electronic record and criminal conspiracy. She also stated that INTERPOL issued a blue corner notice against the petitioner on August 11 and disciplinary proceedings have been initiated against the concerned SHO of Delhi Police (after the Court's observations on Delhi police's negligence). On a specific query, the ASG further said that no contact has been made with the petitioner or the minor child.In response, Justice Kant asked, "Why Indian embassy in Moscow is shirking from its responsibility? They are the most potential source of reaching out and finding out...". On this, Bhati said that various channels have been opened and given India's strong diplomatic relations with Russia, some positive development may be expected.As such, the bench passed its order in the above terms. Before parting, Justice Kant remarked that the present case is not one which can be resolved by force or a coercive order. "It's more an issue now of diplomatic channels and tactful handling" the judge said, while assuring that requisite orders, to do away with impediments being faced by officers, can be passed if required.It may be recalled that on July 21, the Union informed the Court that based on the Russian woman's IP address history, she seemed to have left India. It was found that she was in Bihar on July 8 and thereafter in Nepal. Subsequently, she went to UAE and took a flight from there to Russia, where she reached on July 16. The findings however remained to be confirmed by the concerned airlines.Upon being apprised of the development, and noting that the child's Indian passport was surrendered before the Court, the bench hinted at possible involvement of Russian embassy officials and Indian authorities in the petitioner's likely escape on forged/fabricated documents. In this regard, the Union assured that investigation was underway. Observing that it was a case of "gross contempt" of Court, the bench listed the matter after 1 week, calling on the Union to file an updated status report.On August 1, based on the report filed by Delhi Police and an affidavit filed by the Ministry of Home Affairs, it was noted that the incident occurred due to the failure of Delhi Police to act as directed in order dated May 22, 2025. In that order, the Court had directed Delhi Police to maintain discreet but effective vigil over the residences of both parents and to deploy women police officers who could enter the woman's residence in case of an emergency.Criticizing the Delhi Police for its “sheer negligence”, Justice Kant remarked, “What were...

Russia Obligated To Legally Assist India In Locating Woman Who Fled With Child During Custody Case: Supreme Court

Debby Jain

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