The judgment underscores the duty of the embassy to assist citizens in foreign legal matters, contingent upon the provision of necessary documentation.

JUDGMENT

Dated this the 11th day of December, 2023 The petitioner says that his son was implicated in a case relating to carrying a narcotic substance in Kuwait, while he travelled to the said country for employment; and that this was done by the master brain of the crime, a certain Sri. Antony. He says that his son is now serving sentence in Kuwait for no crime he has committed; and therefore, that he preferred Ext.P1 complaint before the competent authority, seeking an investigation into the illegal acts of to the aforementioned Sri. Antony. He thus prays that respondents 2 and 3 be directed to investigate Ext.P1, so that his son can invoke legal remedies in Kuwait, to exonerate himself. He further pleads that the 1st respondent - Union of India be directed to offer his son all legal assistance, as is required, to obtain a release from his incarceration in Kuwait, at the earliest.

2. Sri.Sunil Kumar Kuriakose, learned Government Pleader, in response to the afore assertions of the petitioner, as made by his learned counsel – Sri. John Prakash B.J., submitted that Ext.P1 has already been taken cognizance and a Crime registered against the aforementioned Sri. Antony. He pointed out that the Police have caused effective investigation and have filed a charge sheet against Sri. Antony; and that they are satisfied that the petitioner's son was implicated by him in the whole operation. He submitted that, therefore, the petitioner, if he so requires, can approach the learned Sessions Court-VII, Ernakulam in the case – which is numbered as S.C. No.1103/2018; and obtain the certified copy of the charge sheet and other documents, so that his son can then invoke appropriate remedies in Kuwait.

3. The learned DSGI, Sri. S. Manu, submitted that the Embassy of India at Kuwait is pledged to offer all assistance as is warranted in law to every citizen; and that this is no different in the case of the petitioner's son. He added that, therefore, if the petitioner is able to obtain relevant documents from the Criminal Court and place it before the Embassy in Kuwait appropriately, they will examine what legal assistance can be given to his son, so as to obtain his release from incarceration. He then offered that, perhaps, the Embassy can also help the petitioner's son in obtaining pardon from the competent Authority in Kuwait, if nothing else works.

4. The learned counsel for the petitioner, Sri. John Prakash B.J., submitted that his client will accept the afore suggestions and sought that this writ petition be ordered on such terms.

In the above circumstances, the writ petition is ordered with the following directions:- a) I leave liberty to the petitioner to approach the Competent Court and obtain the certified copies of all the documents and charge sheet against Sri. Antony. If such an application is made, the said Court will make available the germane documents to the petitioner, as per law, without any avoidable delay.

b) On the petitioner being thus able to obtain the documents as afore, he will be at liberty to move the competent authority of the Embassy of Kuwait with an appropriate application, accompanied by all relevant documents; and if this is done, the said authority will offer him and his son, every assistance as is possible, including in the manner as has been suggested by Sri. S.

Manu afore.

Sd/- DEVAN RAMACHANDRAN JUDGE bpr APPENDIX OF WP(C) 27128/2023 PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 5TH RESPONDENT.

Exhibit-P2 TRUE COPY OF THE JUDGMENT IN W.P.C. NO.

31619 OF 2019 DATED 14.01.2021.

Exhibit-P3 TRUE COPY OF THE DISCHARGE SUMMARY DATED

29.06.2022.

Exhibit-P4 TRUE COPY OF THE PAPER REPORT THAT APPEARED IN MALAYALA MANORAMA DAILY ON

14.07.2023.

Exhibit-P5 TRUE COPY OF THE NEWSPAPER REPORT DATED

03.08.2023 WHICH APPEARED ON THE TIMES OF INDIA.

Exhibit-P6 TRUE COPY OF THE NEWS ARTICLE PUBLISHED IN THE FOLLOWING LINK HTTPS://TIMESOFINDIA.INDIATIMES.COM/CITY /MUMBAI/MUMBAI-COUPLE-GIFTED-HONEYMOON- LAND-IN-QA