Delhi High Court directs MEA, High Commission in Maldives to help Aligarh family press charges against resort over chef’s disappearance

On January 15, a single bench judge closed a petition filed by Aftab’s brother, Mujeeb Khan, seeking consular assistance to locate Aftab. The family also claimed that the employer resort had not handed over documentary evidence regarding the snorkelling incident or Aftab’s phone.

The single judge dismissed the petition after noting that the government had taken appropriate steps to assist the family members in obtaining Aftab’s belongings.

However, Mujeeb, represented by Advocate Zeeshan Khan, appealed against the closure of the petition, primarily on the ground that the government had “failed to facilitate consular access in the letter and spirit”.

He said, despite repeated written communications and e-mails sent to the Indian High Commission in the Maldives and the appointed nodal officer, including the Embassy of the Republic of Maldives in New Delhi, specifically requesting facilitation of consular access and legal assistance for initiating proceedings against the resort, “no effective steps were taken in response thereto.”

Mujeeb was seeking consular assistance necessary “for initiating proceedings in the Republic of Maldives against the Employer-Resort for alleged negligence and violation of Labour and Safety Laws.”

Mujeeb submitted that the government responded with “a perfunctory communication advising him to approach the Maldives High Commission in New Delhi, which itself failed to respond or take any concrete steps and thereby creating an administrative impasse and frustrating (Mujeeb’s) right to access justice in a foreign jurisdiction.”