Srinagar: The Jammu & Kashmir and Ladakh High Court has admitted a petition filed by the family of a Kashmiri engineer, Mohammad Junaid Bhat, who has been imprisoned in Saudi Arabia for nearly a year. The petition seeks urgent consular access and legal aid for the 32-year-old engineer, who has allegedly been denied communication with his family and legal representation since his detention.
The case has brought attention to the challenges faced by Indian nationals detained abroad, particularly in Gulf countries, where legal procedures can often be unclear and prolonged. With the High Court’s intervention, there is now hope that Junaid’s situation will be addressed at a diplomatic level, ensuring that he receives a fair legal process and consular support.
A Family’s Struggle for Justice
The ordeal of Junaid Bhat began in early 2023, when his family suddenly lost contact with him. Junaid, who had been working as an engineer in Riyadh, Saudi Arabia, for over five years, was reportedly arrested under unclear circumstances. His family in Srinagar, Jammu & Kashmir, initially believed it was a minor issue that would be resolved quickly. However, months passed without any communication from Junaid or any official information from Saudi authorities.
Junaid’s father, Abdul Rashid Bhat, expressed his distress over the prolonged uncertainty.
“We have been living in fear and agony for the past year. We don’t even know the reason for his arrest. He was living a simple life, working hard for his career, and suddenly, he disappeared from our lives. We just want the government to help us reach him and ensure he is safe,” he said.
According to his family, Junaid was known for his dedication to his job and had never been involved in any criminal activities. His sudden arrest has left them in shock, with no proper explanation from the authorities. The lack of communication has deepened their fears about his well-being and legal situation.
Legal Battle Reaches the High Court
After exhausting all options, Junaid’s family decided to approach the judiciary to seek justice. They filed a writ petition in the Jammu & Kashmir and Ladakh High Court, demanding that the Union Ministry of External Affairs (MEA) and the Indian Embassy in Saudi Arabia step in to secure consular access and legal representation for him.
On Friday, the High Court admitted the petition and issued notices to the Indian government to respond. The case is now being closely watched by legal experts, human rights activists, and diplomats, as it raises important questions about India’s responsibility towards its citizens detained abroad.
Junaid’s lawyer, Advocate Muneeb Ahmad, emphasized that the denial of consular access is a violation of international laws.
“Every Indian citizen has the fundamental right to legal assistance, especially when detained in a foreign country. Saudi Arabia is bound by international diplomatic agreements, and India must ensure that these agreements are honored,” he stated.
The legal argument is based on Article 36 of the Vienna Convention on Consular Relations (1963), which guarantees that foreign detainees have the right to contact their country’s embassy and receive legal aid. India, being a signatory to this convention, has a diplomatic obligation to protect its citizens under such circumstances.
Concerns Over Legal Rights of Foreign Workers in Saudi Arabia
The case of Junaid Bhat is not an isolated one. Over the years, there have been numerous reports of Indian nationals, particularly migrant workers and professionals, facing legal issues in Saudi Arabia without proper legal representation or consular support.
Saudi Arabia follows a strict legal system based on Sharia law, and foreign nationals often struggle with navigating legal procedures, especially if they do not have immediate access to a lawyer or translator. Many detainees are unaware of their rights or the exact nature of the charges against them.
Human rights groups have raised concerns about the treatment of foreign workers in Gulf countries, citing issues such as delayed trials, lack of transparency, and prolonged detentions without charges. In several past cases, the intervention of the Indian government has played a crucial role in securing the release or fair trial of Indian citizens.
Senior advocate Faizan Mir, who has worked on similar cases, highlighted the importance of government intervention.
“There have been multiple instances where Indian nationals were detained for months or years without proper legal aid. The government must take a firm stand and ensure that its citizens abroad receive the protection they deserve,” he said.
Government’s Role and Response
With the High Court officially admitting the petition, the focus is now on the Indian government’s response. The MEA and the Indian Embassy in Riyadh will have to clarify their position on the matter and outline the steps they plan to take.
In the past, the Indian government has successfully intervened in similar cases, ensuring that detainees received consular access, fair trials, and, in some cases, were even repatriated. The case of Kulbhushan Jadhav, an Indian national detained in Pakistan, is one of the most widely known examples where international pressure and diplomatic negotiations played a key role.
However, the response time and approach in Junaid Bhat’s case will determine how effectively Indian authorities can assist citizens detained in Gulf nations. Timely intervention could make a significant difference in ensuring his legal rights are upheld.
Emotional Toll on the Family
For Junaid’s family, the past year has been an emotional and mental struggle. They continue to live in uncertainty, awaiting any news about his condition.
Junaid’s mother, Shabnum Begum, broke down while speaking about her son.
“I don’t know if he is safe, if he is being treated well, or if he is even alive. As a mother, the pain of not knowing anything about my child is unbearable. We just want our son back,” she said.
The family has urged the Indian Prime Minister, the External Affairs Minister, and the J&K government to take immediate action. They have also appealed to human rights organizations to intervene and help secure his release.
What’s Next?
The High Court is expected to hold further hearings in the coming weeks, during which the Indian government will have to present its response. If the court rules in favor of the petition, the government may be required to initiate official diplomatic communications with Saudi Arabia to ensure Junaid receives consular support.
This case has once again highlighted the vulnerabilities of Indian professionals and workers in foreign countries. Many find themselves trapped in legal troubles with limited support, emphasizing the need for stronger diplomatic protections for Indian nationals abroad.
For now, Junaid’s fate remains uncertain, but with growing public awareness and legal intervention, his family hopes that justice will soon be served.
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