Rajneesh Kumar Rathore v. Union of India & Ors.

1. This hearing has been done through hybrid mode.

2. The present petition has been filed on behalf of the Petitioner- Rajneesh Kumar Rathore under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking issuance of writ of habeas corpus for production of his son, Devanshu Rathore, who is currently in custody, in Baku, Azerbaijan.

3. The case of the Petitioner is that his son was travelling to Baku, Azerbaijan from India on a tourist visa on 12th June, 2024. He landed in Baju, Azerbaijan on 13th June, 2024. Upon landing in Baku, Azerbaijan, he was detained by the Interpol Immigration Officers, who stated that the passport of Mr. Devanshu Rathore has been flagged by the International Criminal Police Organisation (hereinafter, the ‘Interpol’). 18:16

4. The brother and sister-in-law of the detenue then, visited the embassy in Azerbaijan and have prayed for cooperation and release of the detenue.

5. The case of the Petitioner is that various grievances with regard to the release of the detenue have been raised with the Ministry of External Affairs (hereinafter, ‘MEA’) through emails and telephonic conversations. However, there is no concrete response to the same by the MEA.

6. The prayer in this petition is for initiation of steps for extradition of the detenue from Azerbaijan and for further reliefs which are reproduced hereinbelow:-

7. Learned Counsel for the Petitioner submits that the period of detention undergone by the detenue is contrary to the prescribed provisions of the local law “On Extradition of Criminals” of the Republic of Azerbaijan, which is annexed with the present petition as Annexure P-4.

8. Learned Counsel for the Respondent Nos. 1, 2 & 3, who appears on advance notice, has, however, placed on record a detailed email dated 12th September, 2024 received from MEA setting out the various steps which were taken for safeguarding the well-being and security of the detenue, who is an Indian citizen.

9. As per the said email, the Indian Embassy in Baku, Azerbaijan is stated 18:16 to have received an email on 13th June, 2024 confirming the arrest of Mr. Devanshu Rathore. Upon receiving the said email relating to the arrest of the detenue, the embassy officials have met the brother and sister-in-law of the detenue. Further, an English speaking local advocate has also been engaged to pursue the case of the son of the Petitioner before the concerned Courts in Azerbaijan. The embassy had fixed a time for consular access for the brother of the Petitioner, however, he is stated to have not availed of the same.

10. On 13th August, 2024, the embassy’s consular official visited the detention centre and met the detenue, who expressed certain concerns with regard to food and medicine in the detention centre. The embassy consular official thereafter, has taken up issues relating to medicine, food, safety and security of the detenue with the concerned prison authorities.

11. It is stated in the email dated 12th September, 2024 that the embassy in Baku, Azerbaijan is in regular touch with the family of Mr. Devanshu Rathore.

12. The email dated 12th September, 2024 further clarifies that bail of Mr. Devanshu Rathore has been rejected by the concerned Court in Baku, Azerbaijan. However, presently, the process for extradition of the detenue to Monaco, which is the country where the complaint had originated, is under progress.

13. Considering the steps, which have been undertaken by the Indian embassy, in the opinion of this Court, the only direction that can be passed at this stage is that embassy officials can continue to confirm and safeguard the well-being of the detenue by ensuring that proper consular access and legal assistance is provided to represent the detenue.

14. In addition, the learned Counsel for the Petitioner submits that the 18:16 Petitioner’s family may be permitted to present their submissions to the concerned Joint Secretary in the MEA, so that the same can be conveyed to the Indian Embassy in Baku, Azerbaijan as also to the lawyer, who is representing the detenue in Azerbaijan.