The Supreme Court of India has directed that Russia is legally bound to help India locate a Russian woman and her child who went missing during an ongoing custody dispute with her Indian husband.
The bench of Justices Surya Kant and Joymalya Bagchi noted that under the India-Russia Treaty on Mutual Legal Assistance in Criminal Matters, Russia has a duty to assist in investigations, including locating missing persons. The Court asked the Ministry of External Affairs (MEA) to send a fresh request to the Russian authorities with all relevant documents.
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“The Embassy of the Russian Federation ought to remind itself of the bilateral obligations in terms of the Treaty, which includes locating and identifying persons,” the Court observed.
The Court criticized the Russian Embassy for not cooperating earlier and directed Indian officials to pursue diplomatic channels. Justice Kant also questioned why the Indian Embassy in Moscow was not fully using its resources to trace the woman and child.
The Additional Solicitor General (ASG) informed that:
- An FIR has been filed against the woman for kidnapping, forgery, and criminal conspiracy.
- INTERPOL has issued a blue corner notice against her.
- Delhi Police officials are facing disciplinary action for negligence, as the woman managed to flee despite court directions.
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The Court expressed concern that the child was taken away from the custody of the Court, not just the father, and warned of “gross contempt.”
Background of the Case
The couple’s five-year-old child was under joint custody. On July 7, the mother went missing with the child. Later, it was found that she traveled through Nepal and UAE before reaching Russia on July 16. Allegations were also made about her being seen entering the Russian Embassy with a diplomat.
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The matter will now continue with further reports from the Union and MEA on efforts to bring back the mother and child.
Case Title: VIKTORIIA BASU Versus THE STATE OF WEST BENGAL AND ORS., W.P.(Crl.) No. 129/2023
