Apex Court Directs MEA To Appoint Nodal Officer & Conduct Mandatory DNA Testing For Repatriating Mortal Remains Of Indians Enlisted In Russian Army

The Supreme Court issued key directions to the Ministry of External Affairs to appoint a dedicated Nodal Officer, conduct mandatory DNA testing on mortal remains, and expedite compensation claims for Indian nationals fraudulently recruited into the Russian armed forces for the Russian-Ukraine War.

The Court heard a writ petition filed under Article 32 of the Constitution of India. The petition raised grave constitutional concerns regarding the protection of life, liberty, dignity, and livelihood of Indian citizens stranded, detained, or killed in the war zone.

The Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. MohaNa ordered, "Unfortunately, many young people have lost their lives, and their mortal remains—even after due verification—have not been brought back to India. Similarly, no compensation amount is said to have been paid to the bereaved families. This matter has been heard on different occasions, and the Union of India has filed an additional status report. Taking into consideration the relevant factors and with a view to resolving the pending issues, the Court deems it appropriate to issue the following directions: (i) The Ministry of External Affairs (MEA) shall designate an officer as the Nodal Officer, whose contact details and phone number shall be provided to the family members of the deceased or injured Indian nationals who went to Russia... (ii) In the event of a casualty, the Ministry of External Affairs will arrange a DNA test comparing the mortal remains with the family members for identification. Upon completing this exercise and issuing a DNA test certificate, the body shall be handed over to the family."

The matter originated after several Indian job seekers were allegedly duped by fraudulent recruitment agents promising employment opportunities in construction, hospitality, and service sectors. Upon arrival in Russia, their passports and identity documents were confiscated, and they were forcibly enrolled into the Russian armed forces and deployed to the frontlines of the ongoing conflict.

The Court added, "(iii)A complete set of the consolidated docket regarding the procedure to file compensation claims with Russian authorities—duly translated into the vernacular language along with other necessary documents—shall be supplied to the affected families. Such families may submit their claims with the Russian authorities through the Ministry of External Affairs. However, the pendency of such claims should not be a ground to delay the return of the mortal remains or the performance of last rites, which should be expedited separately. (iv) The Legal Services Authority/Committee is directed to provide free legal aid to the aggrieved families for submitting claims and conducting DNA tests. The Ministry of External Affairs may also supply translated versions of any relevant documents received from Russian authorities regarding the return of mortal remains or compensation claims."

During the initial hearing on April 10, the Supreme Court directed the petitioners to serve copies of the plea to the Union Government to seek instructions. By April 24, the Centre submitted that out of 26 individuals named in the petition, 10 had lost their lives, while the government tracked the whereabouts of 215 Indian citizens.

During the latest hearing, Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Union of India, submitted a consolidated status report. The ASG informed the Court that the government had actively facilitated the families and traced 219 individuals. She stated that out of the 26 petitioners, one was incarcerated in Russia, while the remaining 25 had joined the Russian forces voluntarily.

The ASG emphasized that Russian authorities strictly declined to deal with third parties or activists, preferring direct communication with verified family members. She further alleged that certain lawyers were misleading families into refusing body repatriations and delaying compensation processes.

ASG Bhati said, "I can show the Court from my status report—I have put together a consolidated status report because my colleague was making these submissions on the last occasion as well. One family has actually refused to take the body. If some bodies arrive in that condition, it is not something we have caused. These are individuals who joined the Russian armed forces and entered the line of fire. Some bodies are actually missing now as well...So, I have provided a comprehensive status update. There are 219 persons whose whereabouts we are aware of. However, some of the families here are refusing DNA testing."

Counsel for Petitioner replied, "Why not? We absolutely want a DNA test. We are completely in favor of a DNA test."

ASG Bhati said, "I have placed on record the emails where we requested this. If the Court looks at page 63, for example, we explicitly requested a DNA test."

Counsel for Petitioner said, "The petitioners are not literate enough to understand the email."

ASG Bhati submitted, "The status report has been submitted. Look, I have provided the counsel's report, but I am not sure if he actually represents the petitioners. The application he filed yesterday, which contains documents from May and June, is sworn on an affidavit from March. We have raised serious objections. We want to communicate directly with the families. We are helping and facilitating them. That demonstrates negligence on the part of your office."

CJI Kant to the Counsel said, "What are you doing, keeping an affidavit from March and then filing it in July?"

Counsel for Petitioner replied, "Sometimes affidavits get mixed up. We are not that busy of a counsel. It came two days ago. I am seeking very limited intervention: let a meeting be convened between the Ministry of External Affairs (MEA) and the petitioners. That is all."

Conversely, the counsel appearing for the petitioners painted a distressing picture of the mortal remains being returned, describing them as severely decomposed and unidentifiable—often consisting of bone fragments and decaying tissue. The counsel urged the Court to establish a Standard Operating Procedure (SOP) mandating DNA testing prior to handing over bodies to grieving families, highlighting that a body had remained stored in a refrigerator at the Delhi airport for three months due to verification disputes.

The Court expressed strong disapproval of the petitioner’s counsel for procedural lapses, such as filing applications in July attached to affidavits sworn in March, and criticized the counsel for failing to articulate specific legal issues despite prolonged arguments. Justice Joymalya Bagchi cautioned the petitioner's advocate against leaning into activism or media sensationalism, remarking that a lawyer must maintain clinical logic, professional objectivity, and detachment to effectively serve vulnerable litigants.

After the order was passed, ASG Bhati said, "I can assure the Court that we are receiving full cooperation from Russian authorities, and several individuals were discharged at our request due to our diplomatic efforts. We will continue our efforts."

Counsel for Petitioner said, "Even to this day, there are several issues. Once we have a meeting with them, we will understand the technical problems."

CJI Kant remarked, "Twenty times you have mentioned that there are "several issues." After wasting half an hour, you are unable to articulate a single specific issue. We had to point them out ourselves. Why approach this with such a casual attitude when dealing with human lives—poor individuals who have lost their lives?"

ASG Bhati added, "I am taking the liberty to address this because my colleague is a young lawyer. I was actually assisting him with everything, but on the last occasion, he told the Court that the status report was only provided the night before and that families were already performing last rites. Clips of this matter are circulating on social media, affecting the proceedings."

Justice E.V. Mohana said, "The court is deeply concerned about the issue. The ASG is filing reports on the actions taken, and steps continue to be taken. They have provided the compensation package details to you."

Counsel for Petitioner said, "Unfortunately, this matter gets sensationalized online continuously, which creates international fallout...I have given several interviews."

Justice Bagchi remarked, "You are highlighting the real issue yourself—you seem more interested in social media. You must maintain professional distance and objectivity. Otherwise, the lawyer-activist takes over, replacing the clinical approach of a legal professional...We understand the concern of the families. This issue has a transnational impact and highlights the dangers of human trafficking. However, we must prioritize the lives of these individuals over the grander narrative of the litigation. The filter here is your advocate's gown, which removes emotion and keeps clinical logic alive for the Court."

To resolve the impasse and provide immediate relief to affected families, the Bench issued the aforesaid directions.

Following the issuance of directions, the ASG assured the Bench that diplomatic channels remained open and that several Indian nationals had already been discharged from the Russian military following direct intervention by the Indian government. The Court took the status report on record while disposing of the immediate procedural bottlenecks.

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