The Supreme Court on Monday reviewed status reports filed by the Ministry of External Affairs (MEA) and Delhi Police regarding efforts to locate a minor child taken to Russia by the Russian mother, Viktoriia Basu. The Court was informed that note verbales had been exchanged with the Russian authorities, and diplomatic communications were ongoing to determine the child’s whereabouts and well-being.
It was submitted that apart from issuing a Blue Corner Notice through Interpol in the name of the mother, there had been limited progress in tracing the child. “We have very little outcome to show to Your Lordships, but we can only show the efforts that are being made,” counsel informed the Bench.
Taking note of the complex cross-border nature of the dispute, the Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi cautioned that issuing directions without understanding the ground realities in the foreign jurisdiction may not yield results.
“Our passing of court orders is also not going to make any difference if, without realising the ground situation, directions are issued which may again remain uncomplied,” the Bench observed.
Instead, the Court suggested that diplomatic engagement should focus on enabling at least an initial interaction between the child and the father. The Court observed that, given the diplomatic sensitivities involved, the authorities of the Russian Federation may be approached through appropriate diplomatic channels to facilitate communication between the child and the father.
“It seems that the authorities of the Russian Federation may be addressed, as an endearing measure, to connect the child along with the mother with the father on the condition of anonymity and without any obligation for repatriation of the child to India.”
The Bench noted that such a request may be routed through the Indian Ambassador to Russia, who may take up the matter with the Prosecution Department of the Government of the Russian Federation to explore the possibility of establishing a video interaction between the child and the father.
“A request to this effect may be conveyed to the Ambassador of India in Russia, who in turn shall take up the matter with the prosecution authorities of the Government of Russia and report the outcome of such deliberations.”
The Court also recorded that certain confidential diplomatic communications placed before it during the hearing were opened and examined in court and thereafter returned in original.“The documents opened and seen in Court have been returned in original,” the Bench recorded.
The matter will continue to remain under the Court’s consideration as authorities pursue diplomatic engagement with the Russian authorities.