Divya & Ors. v. Union of India & Ors.

SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 451/2026

DIVYA & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)

IA No. 107066/2026 - EXEMPTION FROM FILING O.T., IA No. 109073/2026 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

Date : 14-10-2026 This matter was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE JOYMALYA BAGCHI

Appearances: For Petitioner(s): Mr. Ritvik Bhanot, Adv. Mr. Adhyayan Gupta, Adv. Mr. Aayush Shankar, Adv. Mr. Sandeep Kumar Sen- 3471, AOR For Respondent(s): Ms. Aishwarya Bhati, A.S.G. Mr. Sudarshan Lamba, AOR Mr. Madhav Sinhal, Adv. Ms. Sansriti Pathak, Adv. Ms. Chitrangda Rastravara, Adv. Mr. Nithin Chowdhary Paluvari, Adv. Ms. Anupriya Srivastava, Adv. Mr. Anirudh Singh, Adv. Mr. Vivek Kumar, Adv. Mr. Abhishek Gautam, AOR

[NyayVidhan note: the order's paragraph numbers are kept exactly as printed. They run 1, 2, 3, 4, 7, 8 and 9: the signed order has no paragraphs numbered 5 or 6, and no text is missing between paragraphs 4 and 7. The sub-items (i)-(ix) of paragraph 1 are kept inside paragraph 1. The order spells one national's name in two ways (paragraph 1(ix) and paragraph 2); both are kept as printed. The list of counsel is given on one line; the digital-signature block and page numbers are left out.]

[Source: Supreme Court of India, www.sci.gov.in — order dated 14.10.2026.]

UPON hearing the counsel the Court made the following

O R D E R

1. In compliance with the directions contained in paragraph 3 of our order dated 31.07.2026, another Status Report has been filed on behalf of the Union of India on 12.10.2026. It is, inter alia, pointed out that: (i) The Ministry of External Affairs (MEA) and the Embassy of India in Moscow continue to follow-up with the Russian authorities to ascertain the whereabouts of 77 Indian nationals recruited in the Russian Army, including 7 confirmed by the Russian authorities as missing; (ii) As per the latest information, approximately 267 Indian nationals joined the Russian Armed Forces. The statistics facilitated by the Embassy show that 139 nationals have since been discharged, whereas 51 Indian nationals have unfortunately lost their lives. The status of all the 26 writ petitioners remains the same as reflected in the previous affidavit; (iii) The Indian authorities are also assisting the families of the deceased and missing persons in seeking compensation from the Russian authorities. Four compensation applications have been forwarded by the Indian Embassy to Russian authorities. Out of the four affected families, one has received the entire compensation, while another has received it in part. In four other cases, the families have approached the Russian authorities directly to receive the compensation; (iv) The DNA reports received from the State authorities for Mr. Gokul Singh and Mr. Dinesh Kumar have been shared by the Indian Embassy with Russian authorities for expedited tracing; (v) It is also pointed out in the status report that the MEA is aware of the fact that more Indian citizens are entering Russia on work/education/tourism visas and joining the military on the understanding that they can avail sign-on bonuses and other concomitant benefits and later secure release by approaching the Union of India. Some of them have even rejoined after being repatriated. Keeping this in mind, the MEA has released a further advisory on 30.09.2026 reiterating the gravity of such actions and the mortal dangers involved; (vi) Upon learning that recruitment is being done by non-public entities such as volunteer groups, the MEA has advised to only trust job offers from agents registered with the MEA; (vii) The Indian Embassy has further requested Russian authorities to seek a Citizenship Renunciation Certificate from Indian nationals before issuing a Russian passport to them; (viii) With respect to Mr. Sumit Sharma, it is pointed out that DNA samples have now been received, but the analysis report is still awaited; and (ix) In so far as Mr. Sikander Singh is concerned, it is stated that he was not serving in the Russian army but has been detained since April 2025 on charges of molestation. He is further stated to have been sentenced on 12.02.2026 to serve a sentence of eight years of imprisonment.

2. During the course of hearing, learned Additional Solicitor General of India informed us that the MEA is in touch with the family of Mr. Sikandar Singh for the purpose of securing his deportation to India so that he can undergo the remainder of his sentence here. However, for this, it would be necessary for Mr. Singh to withdraw his appeal, if any, which is said to have been filed and pending in the Russian Courts. Let such information be forwarded to Mr. Sikandar Singh and his family to enable them to take an appropriate decision. It goes without saying that if the appeal, if any, in the Russian Court is withdrawn, the MEA will take up Mr. Singh’s case for deportation to India in terms of the bilateral treaty subsisting between the two nations.

3. We have also impressed upon the learned Additional Solicitor General that the details of the compensation amount determined by the Russian authorities and actual payment thereof to the bereaved families also ought to be furnished to the Court.

4. Similarly, there being 51 casualties, while claim applications, directly or indirectly, having been received only with respect of six-eight families, it is clear that the families of the other victims need to be apprised regarding their right to seek compensation. We are informed that the MEA is contacting such families one by one to secure the necessary documents and information. It might be advisable for the MEA to issue a public notice and invite such claims and, thereafter, to provide full assistance to those families in order to secure the compensatory benefits for them. In this regard, we expect that a fresh status report would be filed by the MEA by the next date of hearing.

7. The District Legal Services Authorities in the States of Rajasthan, Punjab, Haryana, and Himachal Pradesh were also expected to comply with directions contained in paragraph 3(iv) of our order dated 31.07.2026. No compliance reports appear to have been filed by these Authorities. Accordingly, the Member Secretaries of these Legal Services Authorities are directed to take necessary steps towards that end forthwith.

8. The Registry shall forward a copy of this order to all the Member Secretaries of the respective State Legal Services Authorities for further communications.

9. Post this matter for further consideration on 04.11.2026.

(ARJUN BISHT) ASTT. REGISTRAR-cum-PS
(PREETHI DILEEP KUMAR) DY. REGISTRAR