Gujarat High Court Closes PIL After Efforts Fail To Trace 9 Indians Who Went Missing On Way From Dominica To USA In 2023

The Gujarat High Court on Friday (June 27) closed proceedings in a PIL concerning the disappearance of nine Indians who left Dominica for USA in December 2022, after it was informed that despite best efforts of Indian Embassies and Central Government the missing persons could not be located.

After hearing submissions by counsel for PIL petitioner senior advocate Yatin Oza, a division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order dictated:

"Senior Counsel Yatin Oza, advocate appearing for the petitioner would submit that nothing more could be done in the present petition...It is stated by the learned senior advocate that adequate efforts have been made by Indian embassies/high commissions in finding whereabouts of nine missing Indians and the Government of India, Ministry of External Affairs (New Delhi) has cooperated. However, unfortunately, nothing much could be proceeded. In view of the submissions the writ petition is rendered infructuous, leaving it open for petitioner to approach the competent authority for redressal of their grievances".

Oza further expressed his "deep sense of gratitude" to the court with respect to the orders passed by the court to see that the missing persons are found. He also thanked the efforts taken by advocate Kshitij Amin.

In an earlier hearing advocate Kshitij Amin appearing for respondent no. 2–Secretary, Ministry of External Affairs–on instructions had informed the High Court that the 9 missing persons were supposed to come to Saint Martin, as per the information given by their family and that they were to make a trip in the Carribean Dominica, Mostserrat, St Kitts and back to Dominica; however, their whereabouts could not be found.

"The Communication sent to the French authorities indicates that 9 Indian Citizens are missing since February 3, 2023 while sailing in a boat from Commonwealth of Dominica to Saint Martin and the apprehension is that they are stuck/detained in any of the Island in the Carribean region, or the Overseas Territories of France," the court had noted in its August 2023 order.

Among the persons who have gone missing are Patel Ankitkumar Kantibhai, Patel Kirankumar Tulsibhai, Patel Avni Jitendrakumar, Patel Sudhirkumar Hasmukhbhai, Patel Pratikbhai Hemantkumar, Patel Nikhilkumar Prahladbhai, Rabari Bharatbhai Babarbhai, Vasava Champa Fatoshibhai and Vaghela Dhruvrajsingh Baldevsingh.

According to the PIL, these nine individuals possessed valid visas issued by the Governments of Dominica and Antigua. The PIL further stated that they initially arrived in Dominica and, after spending some time there, were en route to Antigua. A small vessel from Antigua had picked them up from Dominica for their onward journey. They were also reportedly seeking to enter the United States and apply for asylum.

Further, according to the PIL, the last contact between the missing individuals and their family members occurred on February 3, 2023.

Case Title: Balwantsinh Setansinh Vaghela Versus Ministry Of Home Affairs

WRIT PETITION (PIL) NO. 90 of 2023