In a recent hybrid hearing in the matter of Rajneesh Kumar Rathore v/s Union Of India & Others, the court addressed a habeas corpus petition filed by Rajneesh Kumar Rathore, seeking the production of his son, Devanshu Rathore, who is currently detained in Baku, Azerbaijan. The petition, submitted under Article 226 of the Indian Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, raises concerns about the legality and conditions of Devanshu's detention.

Devanshu Rathore traveled to Baku, Azerbaijan, from India on a tourist visa, arriving on June 13, 2024. Upon his arrival, he was detained by Interpol Immigration Officers, who indicated that his passport had been flagged by the International Criminal Police Organisation (Interpol). Following this, Devanshu's brother and sister-in-law contacted the Indian Embassy in Azerbaijan for assistance and his release.

Despite numerous attempts by the Rathore family to communicate their grievances to the Ministry of External Affairs (MEA), including emails and phone calls, they reported receiving inadequate responses.

The petition requests that the court direct Indian authorities to initiate extradition proceedings for Devanshu and provide compensatory claims for the family due to perceived negligence in protecting their rights. Specifically, the petition includes the following requests:

Directing the respondents to initiate extradition steps for Devanshu Rathore. Investigating the matter, as Interpol agencies fall under their jurisdiction. Providing compensation for the failure to safeguard the rights of the detained individual. The petition's legal counsel argued that Devanshu's prolonged detention contravenes Azerbaijan’s local law concerning extradition, referenced in an annex submitted with the petition.

In response, counsel representing the Indian government presented a detailed email from the MEA outlining the actions taken to ensure the well-being of Devanshu. The email confirms that the Indian Embassy in Baku received notice of his arrest shortly after it occurred and that embassy officials have met with the family to discuss the situation. Notably, the embassy has engaged a local English-speaking lawyer to assist in the legal proceedings and arranged consular access for Devanshu’s family, although they did not take advantage of the opportunity. The embassy also conducted a visit to the detention center on August 13, 2024, addressing Devanshu's concerns regarding food and medical care. As per the latest updates from the MEA, bail for Devanshu has been denied by a local court, and the extradition process to Monaco, where the complaint originated, is ongoing.

After reviewing the steps taken by the embassy, the court determined that the primary directive at this stage is to ensure that Devanshu receives proper consular support and legal representation. Additionally, the court allowed the Rathore family to meet with the Joint Secretary of the MEA to express their concerns and convey any relevant information. The court scheduled this meeting for September 23, 2024, at 3:30 PM, with the government representatives tasked to inform the Rathore family of the meeting details by September 19, 2024. In conclusion, the court disposed of the petition, indicating that no further directions were necessary at this time while emphasizing the ongoing responsibilities of the Indian embassy in Baku to support the detained individual. Any pending applications related to the case were also dismissed.