Sheer Negligence Of Delhi Police: Supreme Court On Russian Woman Fleeing To Moscow With Child Amid Custody Dispute With Husband

Today, the Supreme Court questioned the actions taken by the Delhi Police with regard to the incident of Viktoriia Basu, a Russian woman fleeing the country with her minor son and reached Russia, amidst a pending custodial dispute.

The Supreme Court directed the Ministry of Home Affairs or the Ministry of External Affairs to immediately contact the Indian Embassy in Moscow, Russia, who shall then find out the ways to establish contact with Basu and the minor child.

A Bench of Justice Surya Kant and Justice Joymalya Bagchi remarked, "It is a clear case of criminal negligence on their (Delhi Police) part also, they are equally responsible."

ASG Aishwarya Bhati apprised the Supreme Court about the three status reports given by Delhi Police, Ministry of Home Affairs and Ministry of External Affairs. Bhati sought some time since the Russian woman has fled from India and diplomatic channels in Nepal, UAE and Russia will have to be used.

Upon which, Justice Kant told Bhati that it might not be of much help since it was merely the transitory route taken up by Basu. "Immediately talk to the Indian Ambassador there (Russia) to talk to the local authority...", said Justice Kant.

Bhati agreed and submitted that they will continue with this exercise, however, they will need more orders from the Supreme Court.

Upon which Justice Kant said, "Tell us what kind of order you want, we will pass that order...First, we have been deliberately not talking because we didn't want...we thought the Delhi Police will come into action. There was a clear direction by us that they will have a surveillance and supervision."

Justice Kant continued to ask Bhati, "Is it not the case where they clearly failed in performance of their duty?"

While pointing out the status report of the Delhi Police, Justice Kant further questioned the responsibility and the actions taken by the Delhi Police.

"It is a clear case of criminal negligence on their part also, they are equally responsible.", said Justice Kant

Bhati informed that the Delhi Police ensured surveillance, but not twenty-four hours. Upon which, Justice Kant emphasised on the earlier order of the Supreme Court mentioning that women Police officers would be deployed.

Further, Justice Kant, while slamming Delhi Police, remarked that the Local SHO and DCP of the area will not be spared by the Court as they owe a responsibility and should have acted accordingly.

"After 7th July, they have been running from pillar to post, courts were closed, what they (Delhi Police) have done from 7th to 14th July?", questioned Justice Kant.

Justice Kant expressed concerns over the fact that no FIR, complaint was lodged by the Delhi Police and no questions were asked to the Embassy.

"We have been suggesting, try to find to find from Nepal...what have been they doing?", fiercely questioned Justice Kant.

Bhati apprised the Court that Basu took taxi towards Bihar and then went to Nepal, however, agreed that prior to 7th July, Delhi Police couldn't take any action.

Justice Kant said that the period between July 7th to July 14th, 2025 was the most crucial time. There was no plan of action by the Respondents on how to deal with the situation further. Upon which, Bhati highlighted the status report filed by MHA and MEA.

"It's complete sheer negligence on the part of the Delhi Police", said Kant as the matter was brought to the notice of the Delhi Police on July 7th itself.

Justice Kant expressed that since the Delhi Police came to know on July 7th, Basu was still travelling during that period as the flight was taken by her on July 12 from Nepal, thus, action could have been taken by the Delhi Police.

Bhati informed the Court that even the Delhi Police was not aware of the whereabouts of the Russian woman till July 18th.

Upon which, Justice Kant remarked, "They were not aware because no effort was made by them...pure sheer negligence of the Delhi Police. They are equally partnered in the violation of this Court order."

Later, Justice Bagchi suggested to Bhati that the International Airport Authorities may be contacted as they must be in connection with the airport authority at Kathmandu, Nepal, who would have the database regarding the boarding passes and relevant immigration documents. The Court suggested that INTERPOL can also be used.

"Find out the data with regard to travel documents", said Justice Bagchi.

Bhati pleaded that diplomatic channels are being used, however, privacy is one of the reasons that information on the issue might not be shared.

"No airlines on earth can plead privacy in the matter of commission of crime", said Justice Kant.

Further, Justice Bagchi told Bhati to confirm whether the Russian Lady and the child were actually in Russian Federation.

Later, Justice Kant expressed that the Court was the custodian of the child as the custodial dispute between the parents was still pending.

"The child has been snatched from the custody of the Supreme Court, that's why we are taking it so seriously and if somebody wants, we will also pass very harsh orders", said Justice Kant.

Resultantly, the Court recorded in its order that more time was sought to apprise the Court regarding the tangible actions taken regarding the matter.

"At the outset, we are constrained to observe that the incident of taking...the child by the Petitioner, Victoria Basu has happened apparently due to sheer negligence and failure of Delhi Police...", the Court continued to record in its order.

The Court opined that not only had the Delhi Police failed to keep surveillance on the Russian woman's house but also did not take any timely action when the complaint was filed by the child's father regarding the fact that the Russian woman along with her minor child was missing.

"Had the Delhi Police taken any...action, we are quite sure that the preventive measures could have been taken...", the Court added.

The Supreme Court directed the Ministry of Home Affairs, Foreigner Division or the Ministry of External Affairs to immediately apprise the Indian Embassy in Moscow, Russia, who shall then find out the ways to establish contact with Basu and the minor child.

Pertinently, the Supreme Court noted that a minor child was taken away from the custody of the Court. "It is not a simplicitor case of custody dispute between parents and a child, whose custody had not been handed over to either the father or mother, it was in exercise of our duty as parens patriae that we were resolving the issue...", noted the Supreme Court.

The Court opined that the offence of forgery of passports may have been committed as the original passports of Basu and the child are still in the custody of the Court.

The Court advised that before any harsh action is taken by the Court, the authorities shall immediately contact the Indian Embassy in Russia, avail the services of INTERPOL and take further necessary legal action in terms of the bilateral treaties.

Accordingly, the Court asked the Respondents to apprise on the next date of hearing.

Case Background

The matter arises from a custody dispute between Saikat Basu, an Indian national residing in Kolkata, and Viktoriia 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.

On July 21, the Supreme Court directed Delhi Police, the Ministry of External Affairs, and police authorities to submit a comprehensive status report on the issue.

The Supreme Court, on July 18, 2025, 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)

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