Delhi HC Disposes Sister’s Plea Over Brother Missing In Kenya, Finding Centre Took Requisite Diplomatic Steps

In brief

The question

1. Whether the respondents had taken the requisite steps within their diplomatic and consular mandate to address the petitioner’s grievance concerning her brother’s disappearance in Kenya

The court held

The Court held that the respondents had taken the requisite steps within their diplomatic and consular mandate and that no further orders were called for

It also directed

It disposed of the writ petition, while stating that the respondents should continue to monitor the matter and extend assistance to the petitioner and her family as permissible in law; pending applications, if any, were also disposed of

01Facts

The petitioner sought directions requiring the Union of India and other respondents to investigate the disappearance of her brother, Zulfiqar Ahmad Khan, and his friend, Zaid Ahmad Kidwai, in Kenya, and to coordinate with Kenyan authorities to establish their whereabouts

¶ 3–4

The Union of India filed two status reports describing diplomatic and consular steps taken by the Indian High Commission in Nairobi, including communications with Kenyan authorities, assistance to the families, and facilitation of forensic cooperation

¶ 6–8

A later report stated that criminal proceedings had been initiated against 15 accused persons in Kenya and that the High Commission continued to pursue the matter

¶ 9–13

The petitioner did not appear at the hearing; the Court considered the matter on the basis of the status reports

¶ 1–2

02Issues

i.1. Whether the respondents had taken the requisite steps within their diplomatic and consular mandate to address the petitioner’s grievance concerning her brother’s disappearance in Kenya

¶ 14–15

ii.2. Whether further directions were warranted to require the respondents to coordinate with Kenyan authorities or otherwise assist the petitioner and her family

¶ 3, 15–17

03Law Applied

The judgment cites no statute, precedent, or specific legal test.

It proceeds on the principle that the Indian authorities’ role in a matter involving a disappearance in a foreign country is exercised through the diplomatic and consular framework available to them; where the respondents have taken requisite steps within that mandate, further judicial directions are not warranted on the record before the Court

¶ 13–15

04Reasoning

The Court considered the respondents’ recorded engagement with Kenyan authorities, including repeated diplomatic representations, assistance to the families, facilitation of forensic cooperation, and continued monitoring of the investigation and prosecution

¶ 7–13

It found that these measures constituted the requisite steps within the respondents’ diplomatic and consular mandate. As the relief sought was directed at securing intervention and coordination by Indian authorities, and the status reports demonstrated that such efforts were ongoing, the Court concluded that no further directions were necessary

¶ 14–16

05Holding

The Court held that the respondents had taken the requisite steps within their diplomatic and consular mandate and that no further orders were called for

¶ 15–16

¶ 17–19

LawLens.Delhi High Court

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