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Madras High CourtWP(MD)/34245/2025disposed of

P.Santhanamari v. The Union Of India

2025-12-01Honourable Mr Justice Krishnan Ramasamy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2025

CORAM

THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY P.Santhanamari

...Petitioner

vs.

1.The Union of India, Ministry of External Affairs (MEA) in India, SO(DB), 74B South Block, New Delhi.

2.The Foreign Secretary, Ministry of External Affairs, SO(DB), 74B South Block, New Delhi.

3.The Ambassador of India to Mali, 101, Avenue de I'OUA, Badalabougou Est, B.P.No.8008, Mali.

4.The District Collector, Thoothukudi, Thoothukudi District.

5.Transrail Lighting Private Limited, Rep. by its The Senior Manager, 501 A, B, C, E, Fortune 2000, Block G, Bandra Kurla, Complex, Bandra East, Mumbai, Maharashtra - 400 051.

...Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the respondents to take immediate steps through diplomatic channel to rescue the petitioner's husband, Mr.Ponnudurai (Indian Passport No.V8885172), and the other four Indians who were kidnapped by Alqeda and ISIS links terrorists in Mali Country based on the petitioner's representation dated 08.11.2025 within stipulated time fixed by this Court.

For Petitioner : Ms.A.Arul Jenifer For Respondents : Ms.K.Malathi, Additional Government Pleader for R4 Mr.K.Govindarajan, Deputy Solicitor General of India for R1 to R3

ORDER

This Writ Petition has been filed for a mandamus directing the respondents to take immediate steps through diplomatic channel to rescue the petitioner's husband, Mr.Ponnudurai (Indian Passport No.V8885172) and four other Indians who were kidnapped by Al-Qaeda and ISIS links terrorists in Mali Country based on the petitioner's representation dated 08.11.2025.

2. The learned counsel appearing for the petitioner would submit that the petitioner's husband has been working as an Electrician in Mali Country situated in Africa. While so, on 06.11.2025, he was kidnapped by members 2/7

of Al-Qaeda and ISIS groups. Therefore, the petitioner has given a representation on 08.11.2025 to the respondents to rescue her husband. Since no steps have been taken so far, the present Writ Petition has been filed.

3. The learned Deputy Solicitor General of India appearing for the respondents 1 to 3 would submit that the Government of India through the Ministry of External Affairs has taken serious steps in this regard and is in continuous touch with the Embassy of India in Bamako. The reply sent via email by the Under Secretary, CPV Division, Ministry of External Affairs, New Delhi is as follows:- "Dear Sir, Reference W.P.(MD)No.34245 of 2025 filed by the wife of Mr. Ponnudurai (holder of Indian Passport No.V8885172) who along with four other Indian nationals had gone to Mali for the purpose of employment in Mar 2025, but as alleged by the Petitioner, after 06.11.2025, he and four other Indian nationals have been abducted by the members of Al-Qaeda and ISIS.

2. The inputs on the case on behalf of Respondent No 1 to 3 are as under:- (a) The Embassy of India in Bamako has taken up the matter at the highest level with the Government of Mali, seeking urgent and effective action for the safe and early release of the abducted Indian nationals. The Embassy is in "close coordination with the 3/7

Malian authorities, including the Ministry of Foreign Affairs and International Cooperation, the Ministry of Security and Civil Protection and the Ministry of Defence and Veteran Affairs. The Mission is also in continuous touch with the regional administration of Kita, which has jurisdiction over Kobri village, to coordinate all necessary efforts for securing the release of the abducted persons. Simultaneously, the Embassy remains in regular contact with M/s Sri Vinayaka Power Engineering, the employer of the five abducted Indian nationals, to facilitate necessary follow-up and assistance.

(b) The welfare and safety of Indian nationals abroad remains a foremost priority of the Government of India. In view of the prevailing security situation in Mall, the Embassy had issued a security advisory to Indian nationals on 03 November 2025, cautioning about possible threats and advising necessary precautions. The advisory was widely disseminated through the Mission's website, social media platforms, and WhatsApp groups of the Indian community.

(c) Further, the Ministry held two meetings with the Ambassador of Mali in India on 11 November and again on 26 November 2025 to convey India's serious concern and to seek regular updates on the steps being taken by the Malian authorities for the safety and early release of the abducted Indian nationals.

3. The above inputs may please be shared with the Hon'ble Court on the next date of hearing."

Therefore, he would contend that the Government of India is taking all possible steps to bring the petitioner's husband back to India. 4/7

4. I have given due consideration to the submissions made on either side.

5. The petitioner's husband has been working as an Electrician in Mali. While so, Al-Qaeda and ISIS members kidnapped him and now he is under their custody. Therefore, the petitioner made a representation on 08.11.2025 to the respondents to rescue her husband. Consequent to the representation, the respondents have been taking steps and are in continuous touch with the Embassy of India in Bamako for the purpose of bringing the petitioner's husband back to India. The submissions of the Deputy Solicitor General of India and the above email reply clearly show that the respondents are taking serious efforts to bring back the petitioner's husband through the Government of Mali. Therefore, the question of not taking effort and issuing a direction to the respondents would not arise.

6. In view of the same, recording the above submissions, this Writ Petition is disposed of. No costs.

01.12.2025 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi 5/7

To 1.The Union of India, Ministry of External Affairs (MEA) in India, SO(DB), 74B South Block, New Delhi.

2.The Foreign Secretary, Ministry of External Affairs, SO(DB), 74B South Block, New Delhi.

3.The Ambassador of India to Mali, 101, Avenue de I'OUA, Badalabougou Est, B.P.No.8008, Mali.

4.The District Collector, Thoothukudi, Thoothukudi District.

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KRISHNAN RAMASAMY, J.

mbi 01.12.2025 7/7