Mr. Pushpendra Mohan Kaushal Through His Wife Mrs. Rajni Kaushal v. Union Of India Through The Secretary & ORS.

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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

O R D E R

% 11.11.2024 1.

This hearing has been done through hybrid mode. 2.

The 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.

3.

On 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.

4.

On 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2024 at 12:20:11

has been arrested for various allegations levelled against him. 5.

Today, 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.

6.

A 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.

7.

The 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.

8.

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

9.

Considering 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. 10.

The 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2024 at 12:20:11