The Kerala High Court drafted a writ petition on Monday seeking to issue direction to the Ministry of Overseas Indian Affairs to frame guidelines for providing legal assistance to Indian nationals in Saudi Arabia.
“The Embassy of India in Riyadh and the Consulate General in Jeddah are not utilizing the Indian Community Welfare Fund (ICWF) effectively. The objective of the ICWF is defeated due to inaction and an impractical approach,” according to the writ petition.
Despite several attempts by Arab News, the Indian Embassy could not be contacted and they also failed to respond to the e-mail.
The petition urges setting a fixed percentage from within the fund and also better utilize the fund in the interest of justice.
The petition was filed on behalf of the Federation of Kerala Associations in Saudi Arabia (FOKASA). It was drafted by Onam Veettil Ibrahim, Abdul Rasheed Kabeer and R. Muraleedharan.
The High Court issued notices to the Ministry of Overseas Indian Affairs, the Embassy of India in Riyadh and the Consulate General of India in Jeddah.
The court demanded filing details regarding Indians in Saudi jails or detention centers who need legal assistance from the embassy and the consulate general.
R. Muraleedharan, FOKASA’s president, said: “One of the main objects of the ICWF is to provide preliminary legal assistance to Indians overseas. Indian citizens, whether they are in India or abroad, are entitled to legal assistance and a fair trial; their defense and right to a fair trial shall not be denied down due to paucity of funds.”
He added, “The majority of Indian citizens who are detained in jail and detention centers in Saudi Arabia are not in a position to summon a lawyer. They are convicted without a fair trial and even without knowledge of the charges being waged against them.”
The court also directed the Central Government to file affidavits in response to the writ petition in accordance with the extended jurisdiction conferred through the Assistant Solicitor General of India, P. Parameswaran Nair. The jurisdiction came as per Article 226 of the Constitution of India.
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