Mr. Pushpendra Mohan Kaushal Through His Wife Mrs. Rajni Kaushal v. Union of India Through the Secretary & Ors

O R D E R %

11.11.2024

¶1This hearing has been done through hybrid mode.

¶2The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, seeking issuance of a writ of habeas corpus for production of her husband - Mr. Pushpendra Mohan Kaushal, who is stated to have been illegally detained in Nigeria.

¶3On 8th August, 2024, notice was issued and accepted by ld. CGSC, Mr. Anurag Alhuwalia, on behalf of the Respondents No. 1 & 2. The said respondents were also directed to file a Status Report by the next date of hearing i.e., 23rd, October, 2024.

¶4On the last date of hearing i.e., 23rd October, 2024, the Court was informed by Mr. Anurag Alhuwalia, ld. CGSC, that the Petitioner's husband This is a digitally signed order. has been arrested for various allegations levelled against him.

¶5Today, when the matter was called, none appeared on behalf of the Petitioner. The matter was, accordingly, passed over. However, none appears for the Petitioner even on the second call.

¶6A sealed cover report has been received from the Ministry of External Affairs ("MEA") and an email dated 8th November, 2024 has also been placed on record by Mr. Anurag Ahluwalia, ld. CGSC.

¶7The sealed cover has been opened and the MEA's report has been perused. Registry is directed to re-seal the said report and keep the same along with the said email in a sealed cover.

¶8The said email and the status report are taken on record and shall be kept in a sealed cover.

¶9Considering the contents of the same, the present writ petition is disposed of with the direction that the husband of the Petitioner shall continue to be given consular access and legal representation and any other facilities in Nigeria by Respondent No. 1 and 2, as per the prevalent policy/rules.

¶10The writ petition and all pending applications, if any, also stand disposed of accordingly. PRATHIBA M. SINGH, J AMIT SHARMA, J NOVEMBER 11, 2024/kr/ms This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3134/2024 & CRL.M.A. 30335/2024 MR. PUSHPENDRA MOHAN KAUSHAL THROUGH HIS WIFE MRS. RAJNI KAUSHAL .....Petitioner Through: None. versus UNION OF INDIA THROUGH THE SECRETARY & ORS. .....Respondents Through: Mr. Anurag Ahluwalia CGSC, Mr. Tarveen Singh Nanda GP, Advs. for R-1 & R-2 (UOI). CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA