Delhi High Court Intervenes in Missing Chef Case, Directs MEA to Provide Consular Access
The Delhi High Court has issued a significant directive to the Ministry of External Affairs (MEA) and the Indian High Commission in Maldives, ordering them to provide comprehensive consular access, entry-exit facilitation, and official coordination to the family of a 25-year-old chef from Aligarh who went missing in Maldives on January 27, 2023. This judicial intervention enables the family to initiate legal proceedings against his employer, following allegations that the resort withheld crucial evidence and failed to provide transparent details about the circumstances of his disappearance.
Background of the Disappearance and Family's Struggle
Aftab Khan, a 25-year-old chef, had been employed at an upscale beachfront resort in Maldives since March 2024. According to the resort management, he entered the sea with colleagues and allegedly drowned. However, his family has vehemently disputed this account, citing a lack of documentary proof and opaque communication from the employer. They have been pushing for a detailed investigation into the incident, which they believe has not been adequately addressed by local authorities.
Mujeeb Khan, Aftab's brother, expressed the family's frustrations, stating, "Repeated attempts to obtain clear answers from the resort management and local authorities yielded little response. Despite my visit to Maldives with our Delhi-based lawyer, Zishan Khan, last year, the resort management withheld crucial evidence, including Aftab's mobile phone and CCTV footage. They returned only his passport and a few documents in a sealed bag. We were not given satisfactory information."
Legal Proceedings and Court's Directive
After failing to secure clarity through direct engagement, the family approached the Delhi High Court, seeking assistance to access authorities in Maldives and pursue remedies under local law. Earlier legal proceedings did not provide effective relief, but a division bench, while hearing a Letters Patent Appeal, intervened decisively. The bench, comprising Chief Justice D K Upadhyaya and Justice Tejas Karia, directed the MEA to "provide consular access to the appellant and his legal advisers in the Maldives, provide entry-exit assistance, and coordinate meetings with the late Aftab Khan's employer and local investigating authorities."
Zishan Khan, the family's legal representative, confirmed the court's order, saying, "The court directed the ministry of external affairs and Indian high commission in Maldives to ensure entry and exit facilitation for the family and legal representative. We are planning to go to Maldives soon." He is expected to travel to Maldives in the coming days to initiate further legal steps, marking a pivotal moment in the family's quest for justice.
Previous Legal Efforts and Family's Allegations
Earlier, on January 15, a single-judge bench had disposed of a petition filed by Mujeeb seeking consular assistance to trace his brother, observing that the government had already taken necessary measures to help the family retrieve Aftab's belongings. However, the family lawyer, Zishan Khan, filed the Letters Patent Appeal in the High Court, arguing that the government had "failed to facilitate consular access in the letter and spirit."
The family has consistently alleged that the employer did not provide any documentary evidence related to the alleged snorkelling incident and refused to hand over Aftab's mobile phone despite repeated requests. These claims have fueled their suspicion and determination to uncover the truth behind his disappearance.
Family's Emotional Toll and Renewed Hope
Zaheer Khan, Aftab's father, shared the profound impact of the ordeal on the family, stating, "Aftab was the sole breadwinner of his family and had only recently begun his career in Maldives. Since receiving the news, my wife's health deteriorated significantly and she has been unable to walk. Now, after the High Court order, the entire family is hopeful that we will get justice. My wife is still waiting for her son. She does not believe that Aftab drowned. We also do not believe that he drowned."
This latest court order has reignited hope for the family, who have been grappling with uncertainty and grief for over a year. The directive not only facilitates their legal efforts but also underscores the importance of consular support in international cases involving Indian citizens abroad.
