- (1.) All the three writ petitions filed as Public Interest Litigations have raised the same issues on more or less similar facts. Accordingly, all the three cases were heard together and are being disposed of by the present common order. CWP Nos. 7778 of 2010, 8138 of 2010 and 15041 of 2010 raises the issue of the duties and responsibility of the Indian Missions abroad to look after the interests of Indian citizens who have been detained in foreign jails for their alleged involvement in the different kinds of offences. According to the petitioners, there are over one lac persons from the States of Punjab and Haryana, who are presently under detention in different foreign jails. Most of them are languishing CWP No. 7778 of 2010 -3-CWP No. 8138 of 2010 CWP No. 15041 of 2010 in such prisons without consular access. In some cases even when the period of imprisonment is over such persons still languish in the jails for want of valid travel documents which can only be issued by the Indian Missions in those countries. However, in many cases the Missions are not aware of the detention of Indian citizens as a result of which the travel documents do not get issued. In fact, according to the petitioners, due to dearth of information of the names and particulars of Indian citizens who are languishing in foreign jails the concerned Indian Missions have not been able to look after such citizens and ensure that their health, safety etc. is adequately protected. According to the petitioner in CWP No. 7778 of 2010 which is a human rights organization, adequate legal aid and assistance is not being provided by the Indian Missions who also do not have complete details of the Indian nationals in the various jails in UAE thereby jeopardizing the welfare and interests of the Indian nationals in custody in the foreign jails. The petitioner has further claimed that it should be allowed to visit the various countries in the UAE and provide legal aid to the Indian nationals who are languishing in jails.
(2.) In so far as CWP Nos. 7778 of 2010 and 8138 of 2010 are concerned, common replies have been filed on behalf of the Union of India (Ministry of External Affairs). There is also an affidavit of one Rakesh Aggarwal, Regional Passport Officer of the Regional Passport Office, Chandigarh on record in both the cases which would require to be noticed in some details.
(3.) The affidavit of Rakesh Aggarwal, Regional Passport Officer states that there are over 25 million overseas Indians living in more than 110 countries across the globe. The vast majority of the Indian nationals are temporary migrants and 90 per cent of them work in the gulf region. In the affidavit filed it has been stated that as per information provided by Indian Missions abroad, in November, 2010, there were over 6500 Indian prisoners lodged in different foreign jails for commission of a wide variety of crimes including over-stay and illegal entry. The affidavit recites that Indian Missions abroad are easily accessible to all Indian citizens and all Indian Missions have designated Nodal Officers who could be contacted during emergencies. The affidavit of the Regional Passport Officer also states that the Indian Missions abroad regularly keep in touch with the host countries with regard to detention/arrest of an Indian national and as soon as such information is received the Indian Missions get in touch with the local foreign office and other local authorities to gain consular access to the detained/arrested Indian nationals. After verification of the nationality of the person, the Missions abroad make all possible efforts with the foreign governments to provide necessary assistance to the Indian nationals in foreign jails including requests for speedy trials; remission of sentences and advice and guidance in legal and other matters besides ensuring fair and humane treatment. In the affidavit filed, it has also been stated that assistance for repatriation to India in cases of released Indian nationals is also provided. However, various welfare activities CWP No. 7778 of 2010 -5-CWP No. 8138 of 2010 CWP No. 15041 of 2010 such as boarding, lodging, emergency medical care, legal assistance, air passage and transportation of mortal remains, wherever required, are funded from the Indian Community Welfare Fund (ICWF) which exists in all Indian Missions abroad. The money into the Welfare Fund comes from levy of service charges by the Indian Missions on consular services, besides contribution by the Indian community and also budgetary support from the Ministry of Overseas Indian Affairs. The affidavit of the Regional Passport Officer specifically mentions the steps taken by the Ministry of Overseas Indian Affairs in countries like the UAE, Kuwait, Oman etc. where there is a large concentration of Indian nationals. Bilateral Memorandum of Understandings have been signed with some of the countries and negotiations for signing similar Memorandum of Understandings with other countries have been stated to be going on. In the affidavit filed it has further been stated that during the year 2010, over 10,000 Indian nationals were repatriated from different countries details of which are available in para 12 of the affidavit. The aforesaid affidavit of the Regional Passport Officer is dated 31.10.2011.;