Isabella Mariam

The High Court of Delhi Single Bench of Justice Sachin Datta has directed the Indian Consulate in Indonesia and the Ministry of External Affairs to take immediate steps to assist Indian nationals sentenced to death in Indonesia. The Court ordered that legal representation be arranged for them to pursue appellate remedies and that diplomatic channels be activated to ensure their protection under applicable international conventions or agreements. Additionally, the Consulate was instructed to facilitate communication between the convicted individuals and their families in India. The matter will next be taken up on 6 May 2025.

The writ petition was filed by the spouses of three Indian nationals—Raju Muthukumaran, Selvadurai Dinakaran, and Govindasamy Vimalkandhan. These individuals had been working at ASL Shipyard in Indonesia when they were detained by the Indonesian Narcotics Department. The authorities charged them under local laws for possession of narcotics.

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Following legal proceedings, the Tanjung Balai Karimun District Court in Indonesia, through judgment numbers 209 to 211/Pid.sus/2024/PN Tbk dated 25 April 2025, convicted the three Indian nationals and imposed the death penalty. The petitioners before the Delhi High Court, who are the spouses of the convicted individuals, submitted that they belong to families of limited financial means and do not possess the resources necessary to engage legal counsel in Indonesia or effectively pursue the prescribed appellate remedies.

The petitioners argued that the limitation period to file an appeal is highly stringent under Indonesian law. As such, immediate steps needed to be taken following the pronouncement of the judgment to prevent irreversible consequences. They stressed the urgency of the matter and sought the Court's intervention for issuing directions to Indian authorities to extend consular and diplomatic assistance.

Specifically, they requested the Court to direct the Indian Consulate in Indonesia to provide all necessary help to ensure that the convicted individuals are represented adequately in appellate proceedings. Furthermore, the petitioners urged the Court to direct the Ministry of External Affairs to pursue the matter through diplomatic channels with the Indonesian government in order to secure protection of the Indian nationals under relevant international conventions or bilateral agreements.

Upon being served notice, the Union of India appeared through its Standing Counsel Mr. Ashish Dixit. The counsel accepted notice and sought time to obtain instructions in the matter.

Having regard to the extreme urgency of the situation and the nature of relief sought, the Court passed interim orders for immediate action pending further proceedings.

Justice Sachin Datta recorded and directed as follows: "The Indian Consulate in Indonesia is directed to: (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."

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The Court further recorded directions to the Ministry of External Affairs: "The respondent no.2 / Ministry of External Affairs, Union of India is also directed to pursue the matter at the diplomatic level with the Indonesian government, for the protection of the Indian nationals under applicable international conventions or bilateral agreement/s (if any)."

Accordingly, the Court made it clear that pending further orders, these interim arrangements must be complied with on priority to protect the rights and lives of the convicted Indian nationals.

The matter was then scheduled for further consideration on 06.05.2025.

Advocates Representing the Parties

For the Petitioners: Mr. S. Parthasarthi, Advocate

For the Respondents: Mr. Ashish Dixit, Standing Counsel, Union of India

Case Title: N. Deepika & Ors. v. Union of India & Anr.

Case Number: W.P.(C) 5834/2025

Bench: Justice Sachin Datta

[Read/Download order]