Supreme Court Orders Urgent Action To Trace Missing Russian Woman And Child In Custody Row With Indian Father, Says “Next 24 Hours Will Be Crucial”

The Supreme Court today directed urgent and coordinated efforts by Delhi Police, the Ministry of External Affairs, and police authorities in adjoining states to trace a Russian woman, Victoria Basu, who is alleged to have gone missing with her minor son amid an ongoing custody dispute with her estranged Indian husband.

A Bench of Justice Surya Kant and Justice Joymalya Bagchi observed, ““Next two days will be very crucial also… let them at least have a fair assessment about the railway port by bus or any private cab… we are in a very strange situation… how and on what basis she is travelling out and how she is looking after the child also.”

Appearing for the Union of India, Additional Solicitor General Aishwarya Bhati submitted that while the woman had not exited the country through legal channels, communication had been received from the Russian Embassy following a missing person complaint from her mother.

“They have not left. At least not through legal channels,” Bhati stated, adding that “we have received a WhatsApp communication from the Russian Ambassador.” According to Bhati, the Embassy informed that Victoria’s mother had approached them on July 10 stating that her daughter was missing. It was further disclosed that “she visited the consular section on 5th June… she was complaining about her husband and she was advised to make complaints to the Delhi Police.”

Justice Surya Kant remarked, “So the possibility is that we don’t know.” He then observed, “You immediately need to contact the police agencies of the other states.” Emphasising that time was of the essence, the Bench directed authorities to examine CCTV footage of city exits: “They immediately need to look into all the exits of the NCR… from First Valley to any NCR area… to the coordination of the police in the surrounding areas.”

On Victoria’s financial condition, Bhati submitted, “Her bank account has some 160 rupees… last transaction is just a week before she went missing… 7th July is when she has left the house with her son.” She added that the woman resided in a modest mezzanine flat and that “she left with her bag with the son and they have not returned.”

Justice Kant noted, “You know the CCTV footage of the main exits of the city… we can understand that part… we will grant them time.”

The Court also enquired about possible involvement of Embassy personnel. Justice Kant said, “The possibility of collusion of one or two officials, maybe… not that the Embassy will indulge in this kind of things… but some official might have assisted or helped or…”

Bhati assured the Court, “The Russian Embassy is also cooperating fully… The Ambassador himself has communicated with us.” She added that while formal communication was awaited, the Embassy had sent relevant details through informal channels, “On 10th July, her mother complained from Russia that she is untraceable even for parents… that’s when they have sent an official communication to Delhi Police and to us.”

When asked about international travel, Bhati confirmed, “She has not travelled internationally… she could have travelled domestically.” She also stated that Victoria’s bank transactions showed no signs of planned movement: “She withdrew 250 rupees and has only 169 rupees left… frugal means is what she has here.”

Justice Kant asked the husband’s counsel whether any financial assistance had been extended: “Were you paying any assistance to her? Any financial assistance? Any maintenance?” The husband’s counsel responded that the woman had assistance from her parents and close associates, and that names, including that of a Russian official married to an Indian diplomat, had been disclosed to the investigating agency.

The Court recorded in its order that Victoria was last seen on July 7 at around 2:10 PM and no international departure had been registered after April. It noted that “wireless messages have been circulated for tracing the petitioner and minor child… call detail records and travel history of petitioner have been obtained.” It further observed, “No credible information has been collected so far… the minor child did not attend school after July 7 and in petitioner’s bank account, last transaction was on July 6.”

The Bench directed that Delhi Police and the Ministry of External Affairs continue coordination with the Russian Embassy and added, “Police authorities will contact railway authorities and get information… as well as other modes of transport… to find out whether petitioner is still in NCR or has left for another destination.”

It was further directed that the husband and his family, who are stated to be in possession of certain information, “may be associated in the entire exercise of tracing the petitioner and the child.” A fresh status report is to be filed by Monday.

The matter arises from a custody dispute between Saikat Basu, an Indian citizen residing in Kolkata, and Victoria Basu, a Russian national. Divorce proceedings are pending before the family court. The Supreme Court had earlier directed a split custody arrangement, first for 20 hours with the father and 4 with the mother, later revised to three days a week with the mother and four with the father. Saikat Basu moved the Court after Victoria allegedly went missing with the child on July 7. He also claimed she was last seen entering the Russian Embassy in Delhi with luggage, accompanied by an Embassy official. The Court, in its earlier order, had directed Delhi Police to issue a look-out circular and submit a status report.

Cause Title: Viktoriia Basu v. State of West Bengal & Ors. (W.P.(Crl.) No. 129/2023)