Supreme Court – Daily Orders
Viktoriia Basu vs The State Of West Bengal on 22 August, 2025
Author: Surya Kant
Bench: Surya Kant
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ITEM NO.25 COURT NO.2 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s).129/2023
VIKTORIIA BASU Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL & ORS. Respondent(s)
(IA No. 158783/2025 - APPROPRIATE ORDERS/DIRECTIONS)
Date : 22-08-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
For Petitioner(s) Mr. R.P. Luthra, Adv.
Mr. Anjani Kumar Mishra, AOR
Mr. Himanshu Luthra, Adv.
Mrs. Hardeep Kaur Mishra, Adv.
Mr. Praveen Mishra, Adv.
Mr. Akshay Goswami, Adv.
Mr. Krishna Gopal Mishra, Adv.
Mr. Saurav Sharma, Adv.
For Respondent(s) Mrs. Aishwarya Bhati, A.S.G.
Ms. Swarupma Chaturvedi, Sr. Adv.
Mr. Raj Bahadur Yadav, AOR
Mr. Shashank Bajpai, Adv.
Mr. Raman Yadav, Adv.
Mr. Abhishek Kumar Pandey, Adv.
Mr. Chitvan Singhal, Adv.
Mr. Kartikay Aggarwal, Adv.
Ms. Chitrangda Rastravara, Adv.
Mr. Mayank Pandey, Adv.
Mr. Mukesh Kumar Singh, Adv.
Ms. Ameyvikrama Thanvi, Adv.
Mrs. Aishwarya Bhati, A.S.G.
Mrs. Swarupama Chaturvedi, Sr. Adv.
Mr. Mukesh Kumar Maroria, AOR
Signature Not Verified
Mr. Chitvan Singhal, Adv.
Ms. Ameyavikrama Thanvi, Adv.
Digitally signed by
SATISH KUMAR YADAV
Date: 2025.08.25
16:37:17 IST
Reason:
Mr. Mukesh Kumar Singh, Adv.
Mr. Mohan Prasad Gupta, Adv.
Mr. P.V. Surender Nath, Sr.Adv.
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Mr. Kunal Vajani, Adv.
Ms. Shraddha Chirania, Adv.
Mr. Kunal Mimani, AOR
Mr. Subhasish Bhowmick, AOR
Mr. Rahul Kushwaha, Adv.
Mr. Suraj Kumar Singh, Adv.
Mr. Reegan S Bel, Adv.
Mr. Rakesh Kumar Tiwari, Adv.
Mr. Ashutosh Singh, Adv.
Mr. Ajeet Kumar, Adv.
Mr. Aniruddha Singha Roy, Adv.
Mr. Bishwani Kumar, Adv.
Mr. Sawan Kumar Shukla, Adv.
Mr. Deepak Goel, AOR
Ms. Alka Goyal, Adv.
Mr. Jitendra Bharti, Adv.
Ms. Urvashi Sharma, Adv.
Mr. Mithilesh Kumar Jaiswal, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. In terms of the directions contained in our order dated
01.08.2025, formal compliance reports from the concerned
authorities are still awaited. However, during the course of
hearing, learned Additional Solicitor General of India has referred
to certain documents.
2. It is revealed that the Ministry of External Affairs,
Government of India has sent communications dated 31.07.2025,
07.08.2025, and 12.08.2025 to the Embassy of the Russian Federation
in Delhi, reiterating its request to ascertain the whereabouts of
Ms. Viktoriia Basu and her minor son and provide the immigration
details besides facilitating their return to India to face the
subsequent court proceedings.
3. In response thereto, the Embassy of the Russian
Federation in India, on 05.08.2025, claimed that in view of the
Federal Law No.152-FZ (152-Ф3) dated 27.07.2006 “On Personal Data”
and the Federal Law No.51-FZ (51-Ф3) dated 30.11.1994 “The Civil
Code of the Russian Federation”, disclosure of personal data
without the consent of the individual was prohibited. On this
premise, since it was unable to contact Ms. Viktoriia for her
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consent, the Embassy of the Russian Federation expressed its
inability to furnish the requisite information. This position was
reiterated on 19.08.2025.
4. It is, however, not in dispute that meanwhile, a formal
FIR bearing No.148/2025 has been registered at Police Station
Defence Colony (Delhi) against the petitioner on 02.08.2025 under
various offences, including the kidnapping of the child and the
forgery of travelling documents.
5. That being so, the Embassy of the Russian Federation
ought to remind itself of the subsisting bilateral obligations in
terms of the “Treaty Between the Republic of India and the Russian
Federation on Mutual Legal Assistance in Criminal Matters” entered
into in 1998. The Treaty provides that the contracting parties
shall grant each other the widest measure of mutual assistance in
criminal matters, which would include assistance given by the
‘Requested Party’ in respect of investigations or proceedings in
the jurisdiction of the ‘Requesting Party’ in a criminal matter.
Paragraph 6 of Article 1 of the Treaty further explains that the
assistance in terms of the Treaty shall include, inter alia,
“locating and identifying persons and objects” and “executing
requests for search and seizure”.
6. Article 4 of the Treaty explains ‘location of
identification of persons and objects’, providing for an obligation
that the competent authorities of the ‘Requested Party’ shall make
best efforts to ascertain the location and identity of persons and
objects specified in the request. Article 13 of the Treaty also
lays down how a `request for assistance‘ may be made and carried
out.
7. In terms of the obligations contained in the above-
mentioned Treaty, we direct the Ministry of External Affairs,
Government of India/competent authority to submit a fresh request
to the Embassy of the Russian Federation, along with copies of the
FIR and other relevant documents, to impress upon the Russian
Federation as the ‘Requested Party’ to provide the requested
assistance in terms of the mutual obligations referred to above.
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8. In addition, learned Additional Solicitor General of
India is requested to contact the Indian Embassy in Russia and to
see that the Indian Embassy uses its diplomatic channels in finding
out the whereabouts of the petitioner and the minor child.
9. The Delhi Police shall also continue with the
investigation, and both the agencies shall submit a fresh Status
Report before the next date of hearing.
10. Post the matter for further consideration on 15.09.2025.
(SATISH KUMAR YADAV) (PREETHI T.C.) ADDITIONAL REGISTRAR ASSISTANT REGISTRAR