Anis Fatima Zachariah vs Union Of India & Anr.

$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
% Date of Decision: November 03 , 2026
# CNR No. DLHC010259112023
+ W.P.(C) 9122/2023
ANIS FATIMA ZACHARIAH .....Petitioner
Through: None
versus
UNION OF INDIA & ANR. .....Respondents
Through: Mr. Ripudaman Bhardwaj,
CGSC (through VC) & Mr.
Rahul Kumar Sharma, GP with
Mr. Amit Rana & Ms. Kritika
Malik, Advs. for UOI
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
AMIT MAHAJAN, J. (Oral)
1. None appears for the petitioner.
2. Considering that the detailed status reports are already on record
and the petition has been pending since 2023, this Court considers it
apposite to dispose of the matter.
3. By way of the present petition, the petitioner seeks the following
prayers:
“a) Issue a writ, order or direction in the nature of Mandamus
commanding the Respondents to take cognizance of the complaints
and representations and to investigate/ inquire into the matter in an
expeditious, efficient and meticulous manner;
b) Issue a direction to the Respondents or any other relevant
authority to use all possible channels to coordinate with the Kenyan
authorities, and to acquire any knowledge which may be relevant
for the purposes of determining the whereabouts of the brother of
the petitioner or to inquire into the matter with the aid of the Kenyan
authorities; or
c. Pass any such order(s) that this Hon'ble Court deems fit and
Signature Not Verified
W.P.(C) 9122/2023 Page 1 of 6
Signed By:HARMINDER
KAUR
Signing Date:05.11.2026
15:05:08

proper in the interest of justice.”
4. The petitioner had approached this Court with the grievance that
her brother, Mr. Zulfiqar Ahmad Khan, and his friend, Mr. Zaid Ahmad
Kidwai had been detained in Kenya and she was unaware of their
whereabouts and unable to contact her brother. The petitioner had
sought directions to the respondents to make efforts to coordinate with
the Kenyan authorities for determining the whereabouts of the brother
of the petitioner.
5. Notice was issued in the present petition on 12.07.2023.
6. The Respondent/Union of India, through the Ministry of External
Affairs, has filed 2 status reports setting out the steps taken by the High
Commission of India at Nairobi and the Ministry.
7. The first status report dated 04.09.2023 , provides details the
steps taken by the High Commission of India at Nairobi upon being
informed of the disappearance of Mr. Zulfiqar Ahmad Khan and Mr.
Zaid Ahmad Kidwai. It is stated that Mr. Zulfiqar Ahmad Khan, brother
of the petitioner, had travelled to Nairobi, Kenya, on 24.06.2022, on a
tourist visa to meet his friend, Mr. Zaid Ahmad Kidwai. The High
Commission of India was subsequently informed on 25.07.2022 by
Mrs. Amreen Kidwai, wife of Mr. Zaid Ahmad Kidwai, that the two
individuals had gone missing on 22.07.2022 after certain persons,
claiming to be police officers, intercepted and hijacked their motor
vehicle in the Westlands area of Nairobi.
8. It is stated that, immediately upon receiving information from
Mrs. Ambreen Kidwai on 25.07.2022, the High Commission took up
the matter with the Ministry of Foreign Affairs of Kenya, requesting
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W.P.(C) 9122/2023 Page 2 of 6
Signed By:HARMINDER
KAUR
Signing Date:05.11.2026
15:05:08

urgent intervention and referral to the concerned law enforcement
authorities. The High Commission thereafter addressed repeated
communications to the Kenyan authorities, seeking updates and
emphasising the urgency of the matter, and also raised the issue with
senior Kenyan functionaries, including the Director of Public
Prosecutions and the President of Kenya. The status report further
records that the High Commission facilitated the visit of family
members to Nairobi, arranged their meetings with the Director of Public
Prosecutions and the Directorate of Criminal Investigations, assisted
them in retrieving the personal belongings of Mr. Zulfiqar Ahmad Khan
and provided details of legal representatives in Kenya. It is also stated
that a two-member Indian team visited Nairobi between 01.11.2022 and
03.11.2022 to engage with the Kenyan authorities and offer forensic
assistance. Subsequently, upon the Kenyan authorities seeking DNA
samples from the family members and forensic examination of mobile
phones belonging to suspected police officers, the High Commission
coordinated the collection of DNA samples from the family members
at the CFSL, Hyderabad, and facilitated the forensic examination of the
mobile phones. It is stated that the Kenyan investigative team visited
India on 21.03.2023 for collection of the DNA samples and handed over
the mobile phones for forensic examination, and, upon completion of
the examination, collected the exhibits and the forensic report from the
CFSL on 03.07.2023.
9. The second status report dated 15.05.2026 sets out the
subsequent developments in the investigation and prosecution arising
out of the disappearance of Mr. Zulfiqar Ahmad Khan and Mr. Zaid
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W.P.(C) 9122/2023 Page 3 of 6
Signed By:HARMINDER
KAUR
Signing Date:05.11.2026
15:05:08

Ahmad Kidwai. It is stated that the High Commission of India at
Nairobi has continued to pursue the matter with the Kenyan Ministry of
Foreign Affairs, the Directorate of Criminal Investigations, the Internal
Affairs Unit and the Office of the Director of Public Prosecutions, while
keeping the families apprised of the developments.
10. The status report records that criminal proceedings have been
initiated against 15 accused persons, including personnel associated
with the disbanded Special Services Unit, the National Intelligence
Service and the Kenya Wildlife Service, for various offences, including
abduction, conspiracy, forgery, subjecting the victims to cruel and
inhuman treatment and murder. The proceedings are pending before the
Kahawa Law Courts and the Kiambu High Court.
11. It is further stated that the prosecution proceedings progressed
during 2024, with the examination and cross-examination of the
investigating officer and other witnesses, and that, on 21.02.2025, the
prosecution placed call record data and other material before the
Kiambu High Court allegedly indicating communications between the
accused persons and unidentified persons of interest suspected to have
been involved in orchestrating the operation. It is also stated that the
prosecution relies on circumstantial evidence, as the bodies of the two
missing nationals have not been recovered. The status report also details
the developments concerning the bail applications of the accused
persons, including the earlier grant and subsequent revocation of bail
by the Kenyan courts and the subsequent grant of bail to all accused
persons by the Kiambu High Court on 08.09.2025, subject to
conditions. The High Commission, thereafter, engaged with the Chief
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W.P.(C) 9122/2023 Page 4 of 6
Signed By:HARMINDER
KAUR
Signing Date:05.11.2026
15:05:08

Investigating Officer, who conveyed that the investigating agency
remained committed to pursuing the murder charges and that the
prosecution was considering challenging the bail order.
12. The status report further records that on 03.03.2026, officials of
the Indian High Commission met the Director of Public Prosecutions
and raised concerns regarding the delay in the proceedings, whereupon
they were informed that an application seeking consolidation of the
separate cases had been moved before the Court of Appeal to avoid
duplication of evidence and further delay. The said application was
listed for hearing on 22.06.2026.
13. It is stated that the High Commission continues to actively pursue
the matter with the Kenyan authorities and that the Union of India has
taken all possible steps within the available diplomatic and consular
framework and continues to monitor the investigation and prosecution.
14. This Court has considered the status reports filed. As noted
above, it is evident that the respondents have pursued the matter through
the diplomatic and consular channels available to them and have
continued to engage with the concerned authorities in Kenya.
15. Notably, the relief sought in the present petition is directed
towards securing intervention by the Indian authorities and their
coordination with the competent authorities in Kenya. In view of the
status reports filed by the respondents, this Court is satisfied that the
respondents have taken the requisite steps within the scope of their
diplomatic and consular mandate and that no further directions are
warranted in the present proceedings.
16. In view of the above, no further orders are called for.
Signature Not Verified
W.P.(C) 9122/2023 Page 5 of 6
Signed By:HARMINDER
KAUR
Signing Date:05.11.2026
15:05:08

17. Needless to state, the respondents shall continue to monitor the
matter and extend such assistance to the petitioner and her family as
may be permissible, in accordance with law.
18. The writ petition is accordingly disposed of.
19. Pending application(s), if any, stand disposed of.
AMIT MAHAJAN, J
NOVEMBER 3, 2026
“SS”
Signature Not Verified
W.P.(C) 9122/2023 Page 6 of 6
Signed By:HARMINDER
KAUR
Signing Date:05.11.2026
15:05:08