New Delhi: Ten Indians have died while fighting alongside Russian forces in the ongoing Russia-Ukraine war, the Centre told the Supreme Court on Friday.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said the situation requires “tactful handling” as there may be immense difficulty in recovering mortal remains from the war zone.
The submissions about the unfortunate deaths of 10 Indians were made by Additional Solicitor General Aishwarya Bhati, representing the Centre, before the bench that was hearing a plea seeking directions to the government to take steps to facilitate the safe repatriation of 26 Indians who have allegedly been detained in Russia and forced to fight the ongoing war.
The petitioners have alleged that their kin were lured to Russia under the pretext of lucrative job opportunities, only to have their passports confiscated and be coerced into combat.
Of the 26 individuals specifically named in the petition, the ASG confirmed that 10 have died, one is imprisoned on criminal charges and one has chosen to remain in Russia voluntarily.
The Centre said while some individuals were misled by unscrupulous agents, many had entered into “voluntary contracts” with Russian entities.
The ASG further said the Ministry of External Affairs (MEA) has faced logistical hurdles and a lack of cooperation from some families regarding the repatriation of mortal remains.
“The government is committed to supporting every citizen in distress,” she said.
“In one instance, we arranged for the return of mortal remains, but the family told us to keep them for three months as they were pursuing legal action. There are complex human angles involved,” Bhati said.
The petitioners’ counsel refuted the government’s claim of “voluntary” service and said this is a clear case of human trafficking.
He said the victims were duped by agents and forced onto the frontline after their travel documents were seized.
“The MEA has not been forthcoming,” he said, adding, “Families have sent 120 representations over the last few months with no response. They have not even collected DNA samples for identification. It is not just inaction, they are not even in contact with us.”
He also urged the bench to view the video evidence sent by a victim, detailing his plight from the war zone.
The bench directed the MEA to file a comprehensive status report detailing the specific steps taken to ensure the safety and return of the citizens.
Earlier, the bench took note of the plea and asked Solicitor General Tushar Mehta, who was present in the court, to take instructions on the issue.
The petitioners’ counsel told the bench that these 26 individuals were Indian citizens stuck in Russia.
He claimed that they were compelled to take part in the ongoing war between Russia and Ukraine.
The plea has sought directions to the Centre to take immediate diplomatic and consular measures through the Indian embassy in Russia to ascertain the whereabouts, legal status and safety of the detained Indian citizens.
It has also sought directions to secure consular access to these individuals in accordance with the Vienna Convention on Consular Relations, 1963, and the applicable bilateral consular agreements.
The plea has said the Centre should take all necessary diplomatic steps to facilitate their protection, welfare and safe repatriation to India, wherever permissible under international law.
It has sought directions to facilitate communication between the detainees and their families and also to ensure that the detainees receive appropriate medical care, humanitarian treatment and legal assistance, wherever required.
The plea has sought a direction to the Centre to place on record an affidavit setting out the protocol, procedure and standard operating mechanism followed by the government in cases where Indian citizens are reported missing, detained or stranded abroad.
It has also sought a direction to the government to apprise the court of the steps already undertaken by authorities in relation to these detainees.
The plea has sought directions to the states of Rajasthan, Haryana, Punjab and Himachal Pradesh to initiate and strengthen investigation-and-enforcement mechanisms against illegal recruitment agents, who induce Indian citizens to travel abroad under false pretences, operating within their jurisdictions.
It has urged that the states be directed to identify and prosecute those involved in illegal overseas recruitment, trafficking and exploitation of Indian citizens.
