New Delhi: The Supreme Court Wednesday issued notice to the Ministries of Home and External Affairs on a plea of Nikhat Parveen, seeking that her husband Fasih Mohammad, a Bihar native missing from Saudi Arabia, be brought before the court.
Fasih Mohammad, employed as engineer in Saudi Arabia, was allegedly picked up by intelligence agencies from Al Jubal in the Saudi kingdom May 13.
Besides the Ministries of Home and External Affairs, notice was issued to the governments of Maharashtra, Andhra Pradesh, Bihar, Karnataka, Delhi and other states.
The apex court bench of Justice KS Radhakrishnan and Justice JS Khehar issued notice after Nikhat Parveen`s counsel Naushad Ahmad Khan told the court that ever since Fasih Mohammad`s "abduction" May 13, his whereabouts and well-being were not known.
The court was told that Fasih Mohammad made a call to his wife Nikhat Parveen a few days back. During that call, he told her that he was alright but did not disclose his location.
The court was told that Nikhat Parveen had made representations to several authorities but all had gone unanswered.
The petition sought the issuance of direction to the government to secure the presence of Fasih Mohammad before the court.
Nikhat Parveen also pleaded for direction to the two central ministries to disclose the provision under which her husband was charged and arrested.
The petition sought direction to the external affairs ministry to disclose which government agency arrested Fasih Mohammad and when was he deported and brought to India.
"The constitution of India imposes a negative duty on the state not to interfere or infringe upon the fundamental rights under", the petition said.
She said the detention of Fasih Mohammad violated the provisions of the Constitution.
The petition said the state was under the constitutional mandate to protect the life and liberty of the individual. If the state fails to discharge its constitutionally-mandated duty, then who would "guard the guards themselves".
Fasih Mohammad, 35, hails from Barh Saaila village in Darbhanga district of Bihar, about 200 km from Patna. Fasih`s father, Dr Firoz Ahmad, is in charge of the Benipatti primary health centre in Madhubani district. His mother is a school teacher in Darbhanga.