Pilgrims stranded in Iran have been airlifted and brought back to India: Centre informed Supreme Court

A Division Bench of Supreme Court, comprising of Justice DY Chandrachud and Justice M.R. Shah disposed off the petition filed for immediate evacuation of Indian pilgrims stranded in Iran, by letting the Government take a decision as to the appropriate stage to bring them back to India, with liberty to the petitioner to approach the Court again, if so required.

The petitioner has moved the Supreme Court in extreme exigency under Art 32 for issuance of writ for immediate evacuation of the citizens of India who are stranded in Iran, in view of the situation arising out of the spread of Coronavirus (COVID-19).

The petition has been filed by Mustafa M.H. on behalf of his relatives who were stranded in Iran, and has been filed through Advocate-on-Record Ashish Virmani.

According to the petitioners, Pilgrims, mostly from a poor financial background who had travelled to Iran and were scheduled to return weeks back, were stranded in Qom in the situation of Corona outbreak, without any health/medical facilities and food supplies. These people have been accommodated in hotel rooms in groups of 4-5, and there is a possibility of people in this group being positive for corona, considering such a critical situation, accommodating persons together is a serious health hazard and could lead to disastrous consequences for such pilgrims.

The Petitioner is a citizen of Union Territory of Ladakh, whose relatives along with a group of about 1000 pilgrims travelled to Iran and were scheduled to return on 6^th March, but due to outbreak of Coronavirus, they were stranded in Iran. The Central government was contacted in this regard by the pilgrims with a request of evacuation. Steps were taken and a total number of 389 people were evacuated from Iran, including students, a team of doctors was sent to Iran who conducted test on 850 people, but this process was conducted only once. The pilgrims include old aged persons, who suffer from ailments such as hypertension and diabetes and require regular medical care, and they have not been able to receive proper medication.

The petitioner has also stated in the petition that the Iranian government has accommodated the stranded passengers in various hotels, the cost being borne by the pilgrims, who are not in a position to pay since they do not have sufficient funds available with them. After the tests were conducted, 250 of the passengers were found positive. It’s evident that about 800 Indian citizens are stuck, and are in need of immediate help, failing which could lead to serious health hazard.

There have been deaths of two pilgrims, the reason of which is still unknown, but is an indication of improper health care facilities. Absence of an Indian consulate on the city of Qom, has made it even more difficult to coordinate.

The petitioner has also stated that the stranded persons haven’t been contacted by health officials for 25 days now, which resulted in them posting videos of their grievances on social media which the petitioner has offered to show the Court.

Therefore the petitioner prayed for directions to the Government to evacuate all stranded pilgrims from the city of Qom, and till the time such arrangements are made, adequate health and medical support be provided to them. The respondents shall also be directed to ensure that the passengers are quarantined in the manner as prescribed by WHO.

The Court in its last hearing on 27^th March 2020, had noted that there is an urgent need for humanitarian assistance to be provided to these Indian citizens, and had issued notice to the Central Government to obviate concern over their well being. The Court had also asked Solicitor General Tushar Mehta to place a status report of the steps taken by Union of India through the Ministry of External Affairs and the steps that it proposes to undertake to alleviate the hardships faced by these persons.

SG Tushar Mehta, today submitted that the pilgrims have been airlifted and brought back to India.

Senior Advocate Sanjay Hegde, appearing for the petitioners stated that not all the pilgrims have been brought back, some of the pilgrims who had tested positive are still stranded there, who are at the mercy of Iran, should be brought back to India and be quarantined here. He also urged the Bench to direct the Solicitor General to take action regarding the 250 people who were tested positive.

On being enquired by the Bench regarding the situation of these 250 people, Solicitor General submitted that the are being provided with the best facilities there, and argued that they will be brought back to India and and when it is feasible, and on conducting fresh tests.

Justice Chandrachud stated if these people are being taken care of, the matter should be left to the Government now. The Indian Embassy can be asked to constantly monitor the situation, take fresh tests and ascertain as to when they can be brought back. He also stated that the Court will issue an order in favour of their repatriation as and when their health situation improves, and will now pass an order which is in best interest of the petitioner’s clients

The Court, therefore stated that the Government be allowed to take a decision regarding an appropriate stage to bring them back to India, with appropriate support being provided to them by the Government in the meanwhile, and with liberty to the petitioner to approach the Court again, if so required.

-Srishti Ojha