Centre tells Supreme Court that Russian woman likely fled with child through Nepal and reached Russia. Court slams the act as “gross contempt” and plans Red Corner Notice.
New Delhi: The Supreme Court, visibly alarmed at the developments, remarked that the escape route through Nepal and onward travel via Sharjah to Russia raised serious concerns about border control and diplomatic oversight.
The Bench questioned how the woman could have crossed international borders despite the child’s and her passports being under court custody.
Expressing strong disapproval, Justice Surya Kant said,
“Her passport is seized. How could she get a duplicate passport? It could not have been possible without the help of some officials at the Russian Embassy. It is a gross contempt of court. It is unacceptable. We will be passing some harsh order and direct for issuing a Red Corner notice and then authorities will have to act.”
The Court indicated it may invoke international legal mechanisms through Interpol to bring the woman back.
It stressed that such violations of court orders not only undermine the Indian judiciary but also strain diplomatic protocols.
The matter has been re-listed for urgent hearing, with strict instructions to the authorities to intensify the investigation and file an updated report within one week.
The Ministry of External Affairs (MEA), and other police authorities to submit a detailed status report within a week.
The case concerns Viktoriia Basu, a Russian national who is alleged to have fled India with her minor son, despite court-monitored custody arrangements.
The Court was informed that Viktoriia allegedly left from Bihar, crossed into Nepal, flew to the UAE, and then reached Russia on July 16 — all while a Look-Out Circular was in effect.
While making submissions for the Central Government, Additional Solicitor General Aishwarya Bhati informed the Court that the woman’s digital footprint was tracked through her email IP address.
She said,
“She seems to have gone away… from Bihar to Nepal. From Nepal a flight to UAE and from UAE a flight to Russia.”
She added that this information was based only on the login activity of her email account, stating,
“We are saying only on the basis of her email IP address login.”
Although digital evidence such as boarding passes was available, Bhati noted that confirmation from the airline was still awaited due to the weekend.
She assured the Court that the verification process was actively ongoing, adding,
“We even have boarding pass. But we need to have a confirmation from airline. We can’t place it before your Lordships till it is confirmed from proper channels.”
Justice Surya Kant questioned the lack of more conclusive surveillance, asking,
“There are no CCTV cameras their side?”
He went on to raise a serious concern about possible insider help from Russian officials, stating,
“Does it not show that there is some active collusion and connivance of the embassy officials?”
The Court was also told that both the Indian and Russian passports of the child were already before the Court. However, Justice Kant expressed suspicion that another set of passports — possibly duplicates — might have been created to facilitate the exit.
He said,
“This is what exactly we are indicating. So that means some duplicate passports have been prepared. And those passports must have been done by the officials of the Russian embassy.”
Justice Bagchi concurred, stating,
“Definitely a duplicate passport has been issued.”
ASG Bhati pointed out that according to a previous court order dated January 28, the child’s passport had already been surrendered. The father’s counsel also confirmed that both passports — Indian and Russian — were indeed in Court custody.
However, Justice Kant raised a critical point, saying,
“Child’s passports are here. There is no doubt. But somebody… Whether it is duplicate. I mean if it is genuine, then duplicate. It can’t be original… Indian passport.”
Adding to the seriousness of the situation, the father’s counsel placed on record WhatsApp chats that allegedly showed opposing counsel knew the woman’s location at multiple stages.
He argued that the woman’s lawyers had specific knowledge about when and where the child would be handed over. Despite this, when the father reached Lajpat Nagar Metro Station as informed, no one was present.
The father’s lawyer accused these individuals of helping the woman violate court orders, stating,
“They are well aware. Then further, 9th of July, they are well aware where she is. So, they should be examined by my Lord and subjected to investigation.”
Justice Kant sharply observed the pattern of delay, remarking,
“They were gaining time. They were gaining time for her. Let’s be very frank. They were gaining time only to enable her to move further.”
The Supreme Court made it clear that this situation is unacceptable and emphasized the need for urgent diplomatic and investigative action.
Justice Kant firmly stated,
“You will have to because this is absolutely not acceptable to us at any cost.”
ASG Bhati also mentioned that the MEA is actively involved in investigating how duplicate passports may have been issued and confirmed that diplomatic channels will be used to bring Viktoriia Basu back to India.
She said,
“That also we are still investigating. We haven’t been able to get anything on that also. We are using the office of MEA… Delhi Police is using the office of MEA to do this. We will also now be using our diplomatic channels for her to be brought back to face My Lord.”
Background of the Case
The dispute stems from a custody battle between Saikat Basu, an Indian citizen from Kolkata, and his estranged wife Viktoriia Basu, a Russian national. Divorce proceedings are ongoing in the family court.
Earlier, the Supreme Court had ordered a shared custody arrangement — initially 20 hours with the father and 4 hours with the mother, later changed to a more balanced schedule of four days with the father and three days with the mother.
However, after Viktoriia allegedly vanished with their son on July 7, Saikat Basu approached the top court. He claimed that she was last seen entering the Russian Embassy in Delhi with luggage and accompanied by an Embassy official.
Taking the matter seriously, the Court had earlier directed the Delhi Police to issue a Look-Out Circular and file a status report by July 18, 2025. During the previous hearing, the Bench had also said,
“Next two days will be very crucial also… let them at least have a fair assessment about the railway port by bus or any private cab… we are in a very strange situation… how and on what basis she is travelling out and how she is looking after the child also.”
In the same hearing, the Court had warned the authorities to monitor all possible escape routes from the National Capital Region.
It had instructed,
“They immediately need to look into all the exits of the NCR… from First Valley to any NCR area… to the coordination of the police in the surrounding areas.”
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The Court had earlier remarked on the possibility of internal help, observing,
“The possibility of collusion of one or two officials, maybe… not that the Embassy will indulge in this kind of things… but some official might have assisted or helped…”
The Supreme Court has now given authorities one week to file an updated and thorough status report and has listed the matter for further hearing.
CASE TITLE:
VIKTORIIA BASU vs THE STATE OF WEST BENGAL AND ORS.W.P.(Crl.) No. 129/2023
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