Introduction:
In the case of Abdul Rafi Baba & Anr vs Union of India, 2025, the Jammu and Kashmir High Court has admitted a writ petition filed by the wife of a detainee and directed the Indian Embassy in Riyadh, Saudi Arabia, to file an affidavit regarding the current status of the petitioner, who has been detained there under uncertain circumstances. A bench of Justice Rahul Bharti heard the petition, wherein the petitioner, an engineer, was detained in Saudi Arabia in 2020. His wife and father sought consular access to him, emphasizing the lack of information on the reasons for his detention and legal representation. The court, acknowledging the urgency of the matter, has asked the Indian authorities to ensure that the detainee’s legal rights are safeguarded.
Arguments of Both Sides:
The petitioners, represented by Advocates Shaheryar, Wani Umer, Abdul Manan, F.A. Lone, and Rahil Habib, argued that the status of the detention and the grounds for such detention remain unknown to them. They contended that in order to provide effective legal recourse, it is imperative that consular access be granted, citing the Vienna Convention’s mandate for legal representation. The petitioner’s family has reportedly been kept uninformed about any charges, legal proceedings, or representation, exacerbating their distress.
On the other hand, the respondent, represented by Advocate Tahir Majid Shamsi, stated that they would file an objection. However, the court sternly reminded them of their duty, asserting, “You must file the compliance report; the petitioner is an Indian citizen who needs legal representation.” The court emphasized that the fundamental rights of the petitioner must be upheld and directed the respondents to submit a status report on affidavit by March 4, 2025.
Court’s Judgment:
The Jammu and Kashmir High Court, recognizing the gravity of the situation, admitted the petition and directed the Indian Embassy in Riyadh to furnish a report regarding the detainee’s status. The court’s intervention signals the judiciary’s commitment to protecting Indian citizens’ rights abroad. The ruling underscores the significance of diplomatic and legal mechanisms in securing due process for individuals facing uncertain detention in foreign countries. The matter will be further examined following the submission of the affidavit by the respondent authorities.