During the hearing of the plea concerning Indian nationals who were allegedly trafficked or misled by recruitment agents into joining the Russian military, the Centre has submitted that out of 26 individuals named in the plea, 10 have already lost their lives in the Russia-Ukraine War.

While the ASG noted that some individuals are reportedly continuing under "voluntary contracts," the Bench expressed grave concern over the reported deaths and the confiscation of passports, directing the Union to provide a clearer status report on all 215 citizens caught in the crisis.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing a writ petition filed under Article 32 of the Constitution of India concerning grave constitutional concerns regarding the protection of the life, liberty, dignity and livelihood of Indian citizens who have become stranded, detained or forcibly recruited in circumstances connected with the ongoing armed conflict in the Russia-Ukraine region.


ASG Aishwarya Singh Bhati appeared for the Union of India.

Counsel for the Petitioners submitted, "We have been human trafficked out of the country; they are not even in touch with us. This is not a case of inaction—they are simply not in contact with us at all."

 ASG Bhati said, "I have received all instructions. If your Lordships permit, I can file an affidavit. Otherwise, I have charts I can show your Lordships regarding these 26 persons. There are 215 persons in total; 26 are here before your Lordships, but there are 215 in all. I can demonstrate to your Lordships how we have communicated with the parents or family members of every one of our citizens."

CJI Kant remarked, "Unfortunately, they have been killed recently. I incidentally read in the newspaper that one of them was recently killed in the war." 

ASG Bhati submitted, "Unfortunately, the family of the last petitioner was aware of this. They had been communicating with us to bring back the mortal remains, but they said they did not have the capacity. Yesterday, they told us, "Now you keep the mortal remains; we are going to court." This is the nature of the behavior. I am bringing this to your attention because there are certain difficulties. There are human angles, but they also have to cooperate with us. We are there to support them. Every Indian citizen who needs support is being supported by us."

CJI Kant then said, "There are two aspects to this. One concerns those who have unfortunately lost their lives. Regarding the mortal remains—or whatever remains—we have doubts about that. You can find out more."

ASG Bhati stated, "Yes, I have the status of these 26 individuals. Ten have already passed away, one is imprisoned in a criminal case, and one is voluntarily continuing. The Indian government has been working with them and advising them, but they enter into voluntary contracts."

Counsel for the Petitioners, "No, we have not. Our passports have been confiscated. Our passports have been confiscated."

ASG Bhati rebutted and said, "There are multiple angles to this, and we are taking responsibility for it. One issue, My Lords, is that there are agents—mules—who are unfortunately misguiding them. Those agents have not been arrested. So, while one person has been arrested in a criminal case, no agents have been arrested. They have written to the DA regarding the arrest. This involves a mixture of different types of people; I can file a report on the due process."

 Counsel said, "One hundred and twenty representations were made in the last two months, and none were answered. I will file one. My Lord, I may pass on a video of the victims. They have been sending us videos; I can present them."

 ASG Bhati remarked, "I will advise my colleagues to assist us in assisting them."

Counsel said, "My Lord, we have been reduced to holding dharnas outside the MEA's office. Protests have been held; how else are we to assist you? I may pass that information on to you. Again, samples may be collected...Agents have been duping us of our money. My Lord, we have paid 160,000 to a foreign agent. Unauthorized citizens are helping us more than the MEA itself."

The Petitioners said that since the last communication received from the Detainees, they have made repeated representations to various authorities, including the Ministry of External Affairs, the Embassy of India in Moscow, the Ministry of Home Affairs, State Governments, local police authorities and other governmental bodies, seeking assistance in tracing, protecting and repatriating their relatives. Despite such repeated representations, the families continue to remain in the dark without any verified information regarding the safety, medical condition, detention status or whereabouts of the Detainees.

The Petition also raised serious issues concerning the operation of illegal recruitment networks within India that induce economically vulnerable citizens to travel abroad under false pretences and exposing them to grave risks, including forced participation in armed conflict. The Petitioners submitted that the failure of the State to effectively regulate and prevent such recruitment activities has resulted in grave violations of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.

The Court had asked the Union Government to look into the plea filed by the families of 26 Indian nationals allegedly lured by illegal recruitment agents and forcibly enlisted into the Russian armed forces to fight in the Russia-Ukraine war.

Accordingly, the Court asked ASG Bhati to file an affidavit in the matter. 

Cause Title: Divya and Ors. v. Union of India and Ors. [ Writ Petition (C) No. 451/2026]

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