IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.342 of 2010 SHAMBHU KUMAR Versus STATE OF BIHAR ----------- 5. 23.8.2010. Petitioner in the writ application is the brother of Santosh Kumar who after completion of the course of G.P.R.C. from the Board of Examination for Seafarers Trust, proceeded to Dubai to finish his one year Diploma Course-cum-Job as a Seaman. He got the Overseas job under Noaman Shipping, Ebrahim Hamdavi Cargo and Shipping through Global Ship Management Company having a branch office at 707, Jagat Trade Centre, Frazer Road, Patna-800 001. A joint declaration was signed by Santosh Kumar and on behalf of Global Ship Management on 10.3.2008, which had different clauses disclosing terms and conditions and liability of the company during the period of agreement. Brother of the petitioner had also paid Rs.40,000/- through demand draft in favour of Oyster Educational and Recruitment Consultancy Pvt. Limited, which 2 had duly been received. Santosh Kumar departed from Delhi International Airport India on 19.3.2008 and a guarantee letter dated 18.3.2008 had been issued by Nomanshipping Company for sending the Seamen, without any objection. He reached Khalid Airport at Sarjah and his arrival and permission for entry is documented in entry permit records. Brother of petitioner joined his service-cum-training and he was in regular contact of his family members through phone upto 1.1.2009. The last information given by Santosh Kumar to the family members was that he was going on an official trip to Bustar, Iran and Kuwait, through his official Ship and will return after two months. Since then the family members have no contact with him. The present writ application has been filed by the brother of Santosh Kumar for issuance of a writ in the nature of habeas corpus to recover the full brother 3 of the petitioner who is missing since 1.1.2009 from Dubai. The first question which arises for consideration is the maintainability of the writ application. In the writ application it has not been mentioned as to who is the person or authority, responsible for illegal confinement of petitioner’s brother to whom direction can be given for production of his brother by issuing a writ of habeas corpus. Second, the brother of the petitioner, admittedly was not within the territorial jurisdiction of India at the relevant time. He got missing from Dubai. In such cases no writ can be issued to the foreign company or any agency of other Nations’ land. Further the Ministry of Overseas Indian Affairs, respondent no.6 being represented by his counsel was directed to file an affidavit and to make efforts in order to find out the ways and means for tracing the 4 whereabouts of the brother of petitioner. In the counter affidavit filed on behalf of respondent no.6 it is stated that in order to trace the whereabouts of the petitioner’s brother, the Consulate General of India, Dubai, UAE was requested by the authorities of the Ministry of India Overseas Indian Affairs through letters dated 23.5.2010, and again on 5.8.2010. The Indian consulate at Dubai took up the matter very seriously and made communication with the ministry of foreign affairs of Sharjah. However, till now there is no response from the UAE Government in this regard. The Indian Consulate, Dubai also directly tried to contact Noaman Shipping Company but there is no such company existing in the name of Noaman Shipping Ebrahim Hamdavi Cargo on the address given and supplied by the petitioner. It has also been stated that – despite all seriousness of the Consulate 5 General of India, till now it has not been able to trace out the brother of the petitioner, but in case of any development in future in this regard, it will be communicating to the petitioner or the concerned persons. The Superintendent of Police, Patna respondent no.3 has also filed a counter affidavit, as per the direction of this court dated 16.7.2010, which reveals that the local agent of Noman Ship company, as informed by petitioner has its office as Jagat Trade Centre. But on enquiry it was found that there is no existing office of Global Ship Management at 707, Jagat Trade Centre, Frazer Road, Patna. From the counter affidavits it is clear that each and every address supplied by the petitioner of the Company, its agency and all contacts which are disclosed in the writ application of the petitioner are non- existing and fictitious. In such a 6 situation at the local level there is nothing to issue direction for production of petitioner’s brother on international level, no direction can be issued. As such, writ application is being dismissed as not maintainable. However, the respondent no.6, in case it is able to get in future, any information regarding whereabouts of the petitioner’s brother, will communicate it to the petitioner. The petitioner has other options by approaching the Ministry of External Affairs, Government of India. B.Kr. ( Mridula Mishra,J. ) ( Dharnidhar Jha, J. )