Don’t make a person run from pillar to post: Bombay High Court in habeas corpus petition

The Bombay High Court on Monday pulled up the Ministry of External Affairs for not taking concrete steps to aid the film producer who sought safe return of his wife and children from Pakistan to India..Bench of Justices Revati Mohite Dere and PK Chavan noted that in the previous hearing, the Ministry had given contact of its joint secretary, whom the petitioner, Mushtaq Nadiadwala could contact.Post that, the petitioner informed the court that they had contacted the joint secretary, who re-directed them to another officer in charge. Senior advocate BN Chatterji for the petitioner informed that despite lapse of 10 days, the petitioner had not received any response from the other officer.The Bench quipped why there had been no response from the ministry on the petitioner’s query. “Why is there no response? Don’t make him run from pillar to post at the Ministry” the Bench asked..The counsel for Union government, Advocate Ashish Chavan assured the Court that he would write to the Ministry to expeditiously deal with the issue, the Bench asked him to not just address a communication but speak to the officer telephonically.”Don’t just write, pick up your phone and ask. When the matter was kept today, at that time there should have been a response ready. How long does it take to take instructions? See that this issue is resolved. Speak to the concerned officer and see where the children are. Find out some contact number or email so that there is communication between the petitioner and his children”, the Bench said..When the bench remarked that the plea not be taken adversarially, Chavan assured the Court that the present plea was not being taken adversarially.The hearing on the plea was adjourned to September 21..The plea was filed by Mushtaq Nadiadwala seeking directions to MEA to facilitate the safe return of his children who he claimed were illegally detained in Lahore by his Pakistani wife and her parents.The petition sought a writ of habeas corpus against the Ministry of External Affairs as well as the Pakistan High Commission in India to ensure that the kids are produced in Court.The petitioner also prayed that in the event the wife seemed to be coerced to continue her stay in Lahore, she also be safely brought back to India.