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The Supreme Court on Friday disposed a plea seeking direction to find whereabouts of person who was sent to Malaysia from India on the pretext of a job.

A bench of Justices UU Lalit and PS Narasimha dismissed the plea on the ground that it can’t be maintained against any government authority, as the person is not in anyone’s custody who could produce him, but the larger question is - giving inference or indicating towards human trafficking although not directly but indirectly.

The petition has been filed by the Wife of the person who was sent to Malaysia on the pretext of giving job in Malaysia. The plea had stated that the application brings to light the racket of human trafficking in which no aid has been coming to the Petitioner whose husband has been missing in Malaysia for last 6 years.

It was further submitted that the Petitioner has already approached Prime Minister Office, NHRC, Ministry of External Affairs and Local Police but no substantial action has been taken in this regard. The Petitioner is not even aware if her husband in dead or alive in Malaysia.

Whereas, the petitioner had approached  High Court on the ground that FIR in the matter is pending, which was dismissed. The said FIR has been pending for last 6 years and nothing has been done.

On the earlier ocassion the bench had asked Second Secretary, High Commission of India in Malaysia, to remain present on the next occasion through Video- Conferencing.

The bench observed that, "At this stage, we may only observe that since the husband of the petitioner has not been heard of for last more than 8 years, the matters including the complaint as well as the consequential proceedings arising out of the Protest Petition shall be taken to logical conclusion as early as possible."

The Central Government informed the bench that the husband of the petitioner left India on August 12, 2014, however, Malaysian counterparts were quite clear that there was neither any entry nor exit recorded with respect to the afore-stated passport in the immigration department of Malaysia.

The bench observed that "Going by the assertions made in the petition and the fact that there were financial remittances from Malaysia, one thing is quite clear that the husband of the petitioner is not being held in custody by any of the authorities in this Country. The peculiar facts of the case further disclose that the husband of the petitioner had not entered Malaysia."

Additional Solicitor General SV Raju and Advocate Swarupama Chaturvedi appeared for Ministry of External Affairs.

Case Title: Rajkumar Vs. State of Rajasthan & Ors.