Delhi HC Tells MEA to Ensure Legal Aid for Indians in Death Row Case
The Delhi High Court, on Friday, directed the Ministry of External Affairs to ensure that the three Indians Nationals, who are convicted on death row in Indonesia, receive adequate legal representation and assistance in pursuing appellate remedies.
These directions were issued in a writ petition filed by the spouse of three Indian Nationals (Raju Muthukumaran, Selvadurai Dinakaran, and Govindasamy Vimalkandhan) who were sentenced to the death penalty by an Indonesian Court for offences related to possession of narcotics under Indonesian Law.
The bench of Justice Sanchin Datta held, "Ministry of External Affairs, Union of India is also directed to pursue the matter at diplomatic level with the Indonesian Government, for the protection of the Indian Nationals under the applicable international conventions and bilateral agreement/s (if any)".
The three convicted men were employed at ASL Shipyard when the Indonesian Narcotics Department detained them. Subsequently, they were tried and convicted by the Tanjung Balai Karimun District Court and were awarded the death penalty. Thereafter, the wives of the convicted men approached the High Court. The wives submitted that they lacked the financial means and legal capacity to initiate or pursue appellate remedies in Indonesia. The wives expressed concerns that the appeal process involved stringent deadlines, requiring immediate legal action following the pronouncement of judgment.
In light of these concerns, the court issued notice to Standing Counsel Ashish Dixit, who sought time to seek instructions from the Union. In the interim, the court issued the following directions to the Indian Consulate in Indonesia:
"(i) take requisite steps for the purpose of ensuring that the convicted Indian Nationals are afforded adequate legal representation, and to render appropriate assistance to them for the purpose of pursuing appellate remedies;
(ii) facilitate communication between the said convicted individuals and their families in India".
Additionally, the court directed the Ministry of External Affairs to discuss the matter with the Indonesian Government at the diplomatic level, in accordance with the applicable international conventions or bilateral agreements, if any, to safeguard the rights and interests of Indian Citizens.
For Petitioner: Advocate S Parthasarthi
For Respondent: Standing Counsel Ashish Dixit