IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CIVIL WRIT PETITION No. OF 2020
IN THE MATTER OF:
Sanisha Thomas & Ors. …… Petitioners
Versus
Union of India & Ors. …… Respondents
PAPER BOOK
(FOR INDEX KINDLY SEE INSIDE)
(ADVOCATE FOR THE PETITIONER: MR. JOSE ABRAHAM) INDEX
Sl. Particulars of Page No. of part to Remarks No. Document which it belongs Part – I Part – II [Contents [Contents of Paper of file Book] alone (i) (ii) (iii) (iv) (v) 1. Court Fees 2. Office Report on NIL NIL Limitation 3. Listing Proforma A1 - A2 A1 - A2 4. Cover Page of Paper A - 3 Book 5. Index of Record of A - 4 Proceedings 6. Limitation Report NIL NIL prepared by the Registry 7. Defect List A - 6 to 8. Note Sheet NS1 to ……… 9. Synopsis & List of B-I Dates 10. Writ Petition along 1-31
with Affidavit in
support. 11. Annexure P-1 32-50
True copies of the
Representations filed
by the Petitioners
12. Annexure P-2 51-53
True copies of
medical reports of
some of the
Petitioners
13. Filing Memo 54
14. V/A 55-56
RECORD OF PROCEEDINGS Sl.No. DATE OF RECORD OF PROCEEDINGS PAGE NO.
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B
SYNOPSIS AND LIST OF DATES
The Petitioners are filing the present writ petition under Article 32 of the Constitution of
India in extremely urgent circumstances, wherein being in their third trimester of pregnancy
(final stage) are stuck in the Kingdom of Saudi
Arabia living in vulnerable condition which is proving to be fatal to them as well as the fetuses. The Petitioners through the present
Petition are seeking a Writ in the nature of
Mandamus from this Hon’ble for issuance direction to the Respondents repatriate them from Saudi
Arabia to India as soon as possible as they will not be able to travel once they are in their 36th week of gestation.
The Petitioners herein are citizens of India who are working as Nurses and Doctor in various provinces of the Kingdom of Saudi Arabia. It is submitted that all the Petitioners herein are pregnant, in their 3rd trimester, who had been planning to return to India on various dates in C the month of March and April for their delivery.
However, due to the closure of the Airports in
India for flights from abroad, the flights which they had booked tickets for much earlier got cancelled. Because of which all the Petitioners are stuck in the Kingdom of Saudi Arabia and are living in vulnerable conditions which is fatal for both the unborn child and the mother.
It is humbly submitted that the Petitioners are living alone in Saudi Arabia with no family to take care of them in such a crucial time. It is also a worrying fact that most of the Government Hospitals in Saudi Arabia have been converted into Covid19 treatment centres and are admitting only those people with the said infection and the Petitioners are also not in a financial position to afford to go to private Hospitals for treatment.
In case of some of the Petitioners, they are posted in remote paces of the Saudi Arabia and the nearest
Hospital with a Gynaecologist is around 200 Kms and due to the lock down imposed in the country to check the spread of Covid19, they are unable to go D for a check-up and are also have no means to take an ultrasound to check the growth of the fetus.
It is humbly submitted that some of the Petitioners have already resigned from their jobs to return to
India for delivery of the Child, but they are forced to stay back in Saudi Arabia, due to the cancellation of the flights. So without any source of income, it has become difficult for them to afford to pay for their food, essential medicines and other expenses they might incur during delivery of the child.
It is also pertinent to mention that there are around 250 more pregnant Nurses and doctors similarly placed to the Petitioners herein who are also facing difficulty and waiting to get repatriated.
It is also submitted that there is no clarity as to when the international commercial aircrafts will be allowed into India. Since the Petitioners are already in their final stage of pregnancy, they may not be able to travel beyond 36th week of pregnancy due to health reasons. So, the E Petitioners have to be repatriated from Saudi
Arabia to India otherwise, not only them but also the unborn has to face difficulties.
It is humbly submitted that the Petitioners have been running from pillar to pole by submitting representations to get their grievances addressed and repatriated to India in this testing times but have been unsuccessful so far with the authorities concerned being merely evasive with their answers.
It is also pertinent to mention that all the
Petitioners are from State of Kerala (Respondent
No. 4) and on approaching the State authorities, the Petitioners were orally assured that they are willing to give proper treatment in case if the
Central Government repatriates them.
It is also submitted that even in earlier occasions, patient in urgent need of medical treatment have been brought back to India.
Recently, in one such case, a 5-year-old girl was air lifted from Kuwait for an emergency surgery in
AIIMS, New Delhi and in another case, a person was airlifted from United Kingdom to Thalassery in F Kerala. So the present case as well, the
Petitioners are in similar situation as the above warranting urgent evacuation for their medical treatment.
Hence the Petition.
LIST OF DATES AND EVENTS
31.12.2019 China reported a cluster of cases
of pneumonia in Wuhan, Hubei
Province. A novel coronavirus was
eventually identified.
11.03.2020 The World Health Organization (WHO)
considering the alarming levels of
spread and severity, and by the
alarming levels of inaction
declared COVID-19.
19.03.2020 The Director General of Civil
Aviation vide Circular dt.
19.03.2020, directed that that no
scheduled international commercial
passenger aircraft shall take off
from any foreign airport for any G airport in India, after 0001 hrs
GMT of March 22, 2020 (*i.e. 0531
hrs Indian Standard Time (IST) of
March 22, 2020) till 0001 hrs GMT
of March 29, 2020. It was also
directed therein that no incoming
scheduled international commercial
passenger aircraft shall be allowed
to disembark its passengers *on
Indian soil* (Foreigner or Indian)
after 2001 hrs GMT of March 22,
2020 (*i.e. 0131hrs IST of March
23, 2020).
24.03.2020 The National Disaster Management
Authority (NDMA), in exercise of
the powers under section 6(2)(i) of
the Disaster Management Act, 2005,
issued an Order dated 24.03.2020,
directing the Ministries/
Departments of Government of India,
and the State/Union Territory H Governments and State/ Union
Territory Authorities to take
effective measures to prevent the
spread of COVID-19 in the country.
26.03.2020 The Director General of Civil
Aviation vide Circular dt.
26.03.2020, extended the
suspension of scheduled
International Commercial passenger
flights till 1830 hrs GMT of till
14th April 2020.
14.04.2020 That the Director General of Civil
Aviation Civil Aviation vide
circular dt. 14.04.2020, further
extended the suspension of
scheduled International Commercial
passenger flights till 1830 hrs GMT
of 3rd of May 2020. However, it was
clarified in the said circular that
the restriction will not apply to
international all-cargo operations I and flights specifically approved
by DGCA.
Due to the above circumstances, the
Petitioners herein who are in their
final stages of pregnancy are not
able to return to India and
struggling in Saudi Arabia where
they were working as nurses. It is
also worrying fact that they are
unable to get proper medical
treatment in Saudi Arabia as most
of the Government Hospitals have
been converted into Covid19
treatment centers and the private
hospitals are costly to afford the
treatment there.
27.04.2020 The present Writ Petition is filed.
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
(PUBLIC INTEREST LITIGATION PETITION)
CIVIL WRIT PETITION No. OF 2020
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
BETWEEN:
1. Sanisha Thomas,
Pulickal(H),
Cherukkad(PO),
Kozhikode-673527,
Kerala.
Passport No. K6681531 ……Petitioner No. 1
2. Amala Varghese,
Paruvelikudiyil(H),
Mudavoor(PO),
Muvattupuzha,
Ernakulam-686669,
Kerala.
Passport No. R1463011 ……Petitioner No. 2
2
3. Anjumol Jose,
Kanelal(H),
Palliamb via,
Kuravilangad(PO),
Kottayam-686633,
Kerala.
Passport No. L4185317 ……Petitioner No. 3
4. Aswaty Raghunatha pillai,
Lolalayam tera-92,
Thirumulla varam(PO),
Kollam-691012,
Kerala.
Passport No. T9904612 ……Petitioner No. 4
5. Athira Babu Mandady,
Kizhakedath(H),
Annasseri,
Kozhikode-673303,
Kerala.
Passport No. R5130764 ……Petitioner No. 5 3
6. Bhagya Lekshmi Satyarajan,
Mannareth,
Kokkadhodu(PO),
Tathanamthitta,
Kerala-689691.
Passport No. 56944013 ……Petitioner No. 6
7. Bincy babu,
Charuvila puthen veedu,
Karickom(PO),
Kottarakara,
Kollam-691531,
Kerala.
Passport No. R4626646 ……Petitioner No. 7
8. Chinnu Sam,
Nediyavila,
Kottavattom(PO),
Elampal(via),
Kollam-691322,
Kerala. 4
Passport No. N8682538 ……Petitioner No. 8
9. Dimple Antony,
Arackal house,
Muttar(PO),
Alappuzha-689574,
Kerala.
Passport No. K0377844 ……Petitioner No. 9
10. Dona Sunny,
Payattukala nirappeal(H),
Bison valley(PO),
Idukki-685565,
Kerala.
Passport No. M8417364 …Petitioner No. 10
11. Dr. Rehma Salam
Elayodan (H), Cherukode
(PO),
Chathangotupuram,
Malappuram- 679328 5
Kerala
Passport No. L9852189 …Petitioner No. 11
12. Geethu C Babu
Cherivuparambil (H),
Vazhoor (PO)
Kottayam- 686504
Kerala …Petitioner No. 12
13. Jayasree Sivankutty
Puthuparampil (H),
Perumpanachy (PO)
Changanacherry,
Kottayam- 686536
Kerala
Passport No. L1489564 …Petitioner No. 13
14. Liji Maraya Joseph
Parayil (H),
Puliyoor PO
Chengannur, 6
Alapuzha,
Kerala
Passport No. K7238667 …Petitioner No. 14
15. Neethumol Thankachan
Thodupuzha,
Idukki,
Kerala
Passport No. K3877141 …Petitioner No. 15
16. Reeja Rani Thankachan,
Reeja Bhavan,
Thrippilazhikom (PO),
Kundra,
Kollam- 691509
Kerala
Passport No. K7112279 …Petitioner No. 16
17. Selus Sebastian
Pathikkattu (H),
Rajapuram (PO) 7
Idukki- 685604
Kerala
Passport No. N0732565 …Petitioner No. 17
18. Shilpa Prameela Pillai
Shilpa Bhavanam,
Edakkunnam,
Charummoodu (PO)
Alapuzha- 690505
Kerala
Passport No. N3311213 …Petitioner No. 18
Versus
1. Union of India
Through its Secretary,
Ministry of Civil Aviation,
Rajiv Gandhi Bhawan,
Block B, Safdarjung Airport
Area, New Delhi-110003 ……Respondent No. 1 8
2. Ministry of External
Affairs,
Through its Secretary
South Block, Raisina Hill, ……Respondent No. 2
New Delhi- 110011
3. Ministry of Home Affairs
Through its Secretary,
North Block, Raisina Hill,
New Delhi- 110011 ……Respondent No. 3
4. State of Kerala
Through its Chief Secretary
Government Secretariat,
Thiruvananthapuram -
695001
Kerala ……Respondent No. 4
9
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS TO DIRECT THE RESPONDENTS TO RESCUE AND
BRING THE PETITIONERS BACK TO INDIA WHO ARE
PREGNANT AND STRANDED IN THE KINGDOM OF SAUDI
ARABIA IN VULNERABLE CONDITIONS.
TO
The Hon’ble Chief Justice of India
And his Companion Justices of the
Hon’ble Supreme Court of India.
The humble Petition of the Petitioners, above named
MOST RESPECTFULLY SHOWETH:
1. That the Petitioners herein are Indian
citizens, currently working as Nurses and
Doctor in the Kingdom of Saudi Arabia who
are in their third trimester of pregnancy
and are living in vulnerable condition 10
proving to be fatal to them as well as the
fetuses. The Petitioners are filing the
present writ petition under Article 32 of
the Constitution of India in extremely
urgent circumstances seeking a Writ in the
nature of Mandamus from this Hon’ble for
issuance of following direction to the
Respondents:
i. To make appropriate arrangement to
rescue and bring the Petitioners back to
India who are pregnant and stranded in
the Kingdom of Saudi Arabia in
vulnerable conditions. ii. To issue directions to the Embassy of
India, Riyadh, Saudi Arabia to take
appropriate measure to ensure that the
Petitioners have access to proper
medical facilities till they are
repatriated to India as absence of same
would prove fatal to both the
Petitioners and fetuses. 11
2. That the Petitioners have not filed any other
Petition on the same subject matter or
seeking similar reliefs either in this
Hon’ble Court any High Courts except this
present Petition.
3. That the Petitioners approached the
Respondents through Representations on
various dates but there has been no reply
for the same from the Respondents. True copy
of the Representations filed by the
Petitioners herein are marked as ANNEXURE P-
1 (Colly) and annexed herewith at Page Nos.
32 to 50.
4. Petitioner No 1 was working as a staff nurse
in Al Quriae Banimalik General Hospital,
Saudi Arabia since 5 years and her contract
with the hospital was completed on
20.04.2020. She is 30 weeks pregnant now and
was supposed to return to India on
25.04.2020. But due to the current situation
the flight was cancelled and struck in Saudi 12
Arabia. Since her contract period on
20.04.2020, she has no one to support her in
this crucial time.
5. Petitioner No 2 is working as a staff nurse
in Saudi Arabia and she is 30 weeks pregnant
now. There is no facility available for
delivery of a child in which petitioner no 2
is currently working and also there are no
family members with her to take care.
6. Petitioner no 3 is currently working as a
staff nurse at King Salman Centre for kidney
diseases, Riyadh in Saudi Arabia. She is in
her 32nd week of pregnancy and expected to
deliver her baby on 05.06.2020. She is
working in a dialysis centre which doesn’t
have a gynaecology department. It has also
difficult to go for a routine gynaecology
appointment and check-up in outside hospital
due to curfew and transportation
restrictions. There are also no basic
facilities available for routine gestational 13
ultrasound or other check-up to assist
faetal growth and monitory.
7. Petitioner no 4 is working as a staff nurse
in Saudi Arabia. She is 26 weeks pregnant
now. She had booked her ticket for 30.04.2020
to come back to India but the same got
cancelled due to current situation. There
are no facilities available for her to
deliver in the hospital in which she is
presently working. It is also submitted that
she cannot travel back to India after 36
weeks of her pregnancy.
8. Petitioner no 5 was working as a staff nurse
in Durma General Hospital, Riyadh in Saudi
Arabia for the past 1 year. Her contract with
the hospital ended on 20.03.2020 and planned
to travel to India in the 1st week of April.
However, the same was cancelled due to the
present situation. She is in her 21st week
of Pregnancy and she has no one to take care
of her. Since the contract with the hospital 14
is already over, it has become difficult for
her to sustain herself at this testing hours.
9. Petitioner no 6 is working as a staff nurse
at King Salman Centre for kidney diseases,
Riyadh in Saudi Arabia. She is 29 weeks of
gestation (twin pregnancy). Her expected
date of delivery is on 27.06.2020. She is
all alone in Saudi Arabia with no family
member to take care of her. She is working
in a dialysis centre which doesn’t have a
gynaecology department. It has also
difficult to go for a routine gynaecology
appointment and check-up in outside hospital
due to curfew and transportation
restrictions. There are also no basic
facilities available for routine gestational
ultrasound or other check-up to assist fetal
growth and monitory.
10. Petitioner no 7 is working as staff nurse in
a King Saud Hospital, Onizha, Qassil in Saudi
Arabia. She is 8 month pregnant now and 15
staying in a hostel. Her hospital is a Covid-
19 back up hospital so admitting more
positive cases, because of which the chances
of getting infected is high among the staffs.
It is also become difficult to get food and
other medical facilities at this crucial
hour.
11. Petitioner no 8 is working as a staff nurse
in King Faisal Specialist Hospital and
Research Centre, Riyadh in Saudi Arabia. She
complete her contract with the hospital on
26.03.2020 and had booked her ticket to
return to India on 01.04.2020 but the same
was cancelled due to the lockdown. She is 7
months pregnant now and staying in a hospital
now. There is no medical facility available
due to lockdown and it has become difficult
to find a hospital incase of emergency.
12. Petitioner no 9 was working as a staff nurse
in Al Raith General Hospital,Gizan which is
very remote and rural area in Saudi Arabia 16
in yemen border. She had already resigned
her job to move back to india., she is 6
months pregnant now. As mentioned earlier
she is in a very remote area where there is
any hospital with gynaecology department. So
it has become difficult for her to get even
an ultrasound done. So she is in a very
pathetic situation with her health worsening
day by day. The nearby department with
gynaecology department is around 200 km but
the same is admitting only covid 19 patients.
So she is undergoing a fearful day staying
there which is affecting both her and the
feteus health.
13. Petitioner no 10 was working as a staff nurse
in KIMC Hospital in Saudi Arabia. She had
already submitted her resignation with the
hospital on 05.03.2020 due to her pregnancy.
She was supposed to leave India on 17.03.2020
but her flight was cancelled. She is 36 weeks
pregnant. She is not getting proper 17
treatment, presently in Saudi Arabia ,as the
hospitals near her place or either closed or
allowing only Covid19 patients to be
admitted. She cannot afford treatment and
paying money for food and accommodation as
she has already resigned her job.
14. Petitioner No. 11 is working as a Doctor in
Saudi Arabia. She is now 26 weeks pregnant.
She already had lots of complications during
her first pregnancy which still remains
(Septate Uterus) due to which the first baby
born prematurely in MIMS Hospital, Calicut.
To avoid complications, this delivery was
also planned in the said Hospital. She was
supposed to leave for India on 07.04.2020
but the same was cancelled due to travel ban.
There are no facilities available presently
at the place where she is residing with no
hospital with Gynaecology department. She is
also suffering from severe mental stress
which could make her condition even worse. 18
15. Petitioner No. 12 is working as a Staff Nurse
in Miqua General Hospital, Al-Jouf Region,
which is a rural region in Saudi Arabia for
the past four years. She is 8 months pregnant
and had to travel around 50 kms for a check-
up and regular ultra sound due which has
become difficult now due to the lock down
imposed by the Government there. Since she
is in a rural place, there are food and water
scarcity as well.
16. Petitioner No. 13 is working as a Staff Nurse
in King Fahad Hospital, Jeddah in Saudi
Arabia. She is 34 weeks pregnant. She is
staying in Hostel right now along with her
roommates who are nurses doing Corona19
related duty so it has become very difficult
from them to take care of her due to the fear
of passing infection to her. So she is left
all alone. It is also difficult for her to
go to a Government run Hospital as they have
been converted as Covid19 centres, but at 19
the same time she cannot also afford a
private hospital as they a very costly.
17. Petitioner No. 14 is working as a Staff Nurse
in King Fahad Specialist Hospital, Saudi
Arabia. She is now 21 weeks pregnant and
living alone there and has no one to take
care in case of delivery. Hospital
management has refused to allow anyone to
stay with her at this situation. She is both
physically and mentally stressed due to the
present situation.
18. Petitioner No. 15 is working as a Staff Nurse
in Modern Medical Hospital, Riyadh in Saudi
Arabia. She is 30 weeks pregnant. She was
supposed to leave for India on 25.03.2020
but she couldn’t due to the travel ban. Her
Husband there is in visiting visa there
currently with her and do not have sufficient
financial resource to undertake the delivery
in Saudi Arabia. 20
19. Petitioner No. 16 is working as a Staff Nurse
in Al Batha General Hospital, Eastern
Province, Dammam, Saudi Arabia. She is 7
months pregnant now and her due date is on
22.07.2020. Since there are no gynaecology
department in the Hospitals in her area, she
had to travel 500 Kms to get her check up
done. But due to the curfew imposed, she
isn’t getting permission to go outside for
check-ups. Unfortunately, the Hospital she
is working in has also rejected her leave
request due to the Covid19 crisis. So is
stuck there without any one to support her
in this needy hour.
20. Petitioner No. 17 was working as a Staff
Nurse in Maternity and Children’s Hospital
(MCH), Al-Jouf, Saudi Arabia for last 4
years. She is 7 months pregnant now. She had
already resigned from her job on 16.04.2020
and was schedule to leave for India on
23.04.2020 but couldn’t come back du to the 21
travel restrictions. She is left alone with
no one to take care of her during this
crucial time and post-delivery.
21. Petitioner No. 18 is working as staff nurse
at Al Nabhaniyah General Hospital, Al Gassim
in Saudi Arabia. She is a in her 7 month of
pregnancy and staying alone with no one to
take care of her. Her due date for delivery
is in first week of June.
22. The Respondent No. 1 is the Union of India,
represented by the Ministry of Civil
Aviation, which is the nodal Ministry
responsible for the formulation of national
policies and programmes for development and
regulation of Civil Aviation and for
devising and implementing schemes for the
orderly growth and expansion of civil air
transport.
23. The Respondent No. 2 is the Ministry of
External Affairs, which is the appropriate 22
ministry responsible for the conduct of
foreign relations of India.
24. The Respondent No. 2 is the Ministry of Home
Affairs, Union of India which is the
appropriate Ministry responsible for the for
the maintenance of internal security and
domestic policy.
FACTS 25. On 31.12.2019, China reported a cluster of
cases of pneumonia in Wuhan, Hubei Province.
A novel coronavirus was eventually identified.
26. On 11.03.2020, the World Health Organization
(WHO) considering the alarming levels of
spread and severity, and by the alarming
levels of inaction declared COVID-19.
27. On 19.03.2020, The Director General of Civil
Aviation vide Circular dt. 19.03.2020,
directed that that no scheduled international
commercial passenger aircraft shall take off
from any foreign airport for any airport in
India, after 0001 hrs GMT of March 22, 2020 23
(*i.e. 0531 hrs Indian Standard Time (IST) of
March 22, 2020) till 0001 hrs GMT of March 29,
2020.
It was also directed therein that no incoming
scheduled international commercial passenger
aircraft shall be allowed to disembark its
passengers *on Indian soil* (Foreigner or
Indian) after 2001 hrs GMT of March 22, 2020
(*i.e. 0131hrs IST of March 23, 2020).
28. That on 24.03.2020, the National Disaster
Management Authority (NDMA), in exercise of
the powers under section 6(2)(i) of the
Disaster Management Act, 2005, issued an Order
dated 24.03.2020, directing the Ministries/
Departments of Government of India, and the
State/Union Territory Governments and State/
Union Territory Authorities to take effective
measures to prevent the spread of COVID-19 in
the country.
29. On 26.03.2020, the Director General of Civil
Aviation vide Circular dt. 26.03.2020, 24
extended the suspension of scheduled
International Commercial passenger flights
till 1830 hrs GMT of till 14th April 2020.
30. On 14.4.2020, the Director General of Civil
Aviation Civil Aviation vide circular dt.
14.04.2020, further extended the suspension of
scheduled International Commercial passenger
flights till 1830 hrs GMT of 3rd of May 2020.
However, it was clarified in the said circular
that the restriction will not apply to
international all-cargo operations and flights
specifically approved by DGCA.
31. Due to the above circumstances, the
Petitioners who are working as Nurses and
Doctor in various provinces of the Kingdom of
Saudi Arabia herein who are in their final
stages of pregnancy are not able to return to
India and struggling in Saudi Arabia.
32. It is humbly submitted that the Petitioners
herein are in their final stages of pregnancy
and are living in vulnerable condition in the 25
Kingdom of Saudi Arabia where they are not
being provided proper treatment and most of
them are living all alone with no one to take
care of the pregnant Petitioners and also post
deliver of the child. True copies of medical
reports of some of the Petitioners are marked
as ANNEXURE P-2 (Colly) and annexed herewith
at Page Nos. 51 to 53.
33. It is also submitted that most of the
Government Hospitals in Saudi Arabia has been
converted into Covid19 treatment centres and
are admitting only those people with the said
infection and the Petitioners are also not in
a financial position to afford to go to private
Hospitals for treatment.
34. In case of some of the Petitioners, they are
posted in remote paces of the Saudi Arabia and
the nearest Hospital with a Gynaecologist is
around 200 Kms and due to the lock down imposed
in the country to check the spread of Covid19,
they are unable to go for a check up and are 26
also have no means to take an ultrasound to
check the growth of the fetus.
35. It is humbly submitted that some of the
Petitioners have already resigned from their
jobs to return to India for delivery of the
Child, but they are forced to stay back in
Saudi Arabia, due to the cancellation of the
flights. So without any source of income, it
has become difficult for them to afford to pay
for their food, essential medicines and other
expenses they might incur during delivery of
the child.
36. It is humbly submitted that the Petitioners
have been running from pillar to pole to get
their grievances addressed and repatriated to
India in this testing times but have been
unsuccessful so far with the authorities
concerned being merely evasive with their
answers.
37. It is also submitted that there is clearly
uncertainty looming as to when the 27
international commercial aircrafts will be
allowed into India. Since the Petitioners are
already in their final stage of pregnancy,
they may not be able to travel beyond 36th week
of pregnancy due to health reasons. So, the
Petitioners have to be repatriated from Saudi
Arabia to India otherwise, not only them but
also the unborn has to face difficulties.
38. The Petitioner has no other equally
efficacious remedy except to approach this
Hon'ble Court by way of present Writ Petition.
All annexures annexed to the Writ Petition are
true copies of their respective originals.
39. Thus being aggrieved, the Petitioners with
leave of this Hon’ble Court are filing the
present writ petition under Article 32 of the
Constitution of India on inter-alia the
following grounds:
GROUNDS
A. BECAUSE the Petitioners are in their final
stages of pregnancy and are living in highly 28
vulnerable condition in the Kingdom of Saudi
Arabia with no proper medical facility and no
one to take care of them.
B. BECAUSE the Respondents have a constitutional
duty to protect a mother and her unborn child
enshrined in Article 21 of the Constitution of
India.
C. BECAUSE it is well settled principle that the
States should not discriminate between persons
who have taken birth and persons who are still
in the wombs of mothers. The State is under an
obligation under Article-21 not only to
protect the life of unborn child from
arbitrary and unjust destruction, but also not
to deny it equal protection under Article-14.
So the Court have time and again interpreted
Article-21 to mean that the word 'person'
applies to all human beings including the
unborn offsprings at every stage of gestation.
D. BECAUSE in the case of Paschim Banga Khet
Mazdoor Samity & Ors vs State of West Bengal 29
& Anr, (1996) 4 SCC 37, it was held by this
Hon’ble Court that Article 21 of the
Constitution casts an obligation on the State
to take every measure to preserve life. The
Court found that it is the primary duty of a
welfare State to ensure that medical
facilities are adequate and available to
provide treatment.
E. BECAUSE it is the duty of the State to ensure
that the Petitioners who are pregnant and are
stuck in Saudi Arabia in vulnerable condition
are brought back to India in time and are given
proper treatment as it is not only the question
of the Petitioners life alone but also the
unborn child.
PRAYER
In view of the facts and circumstances of the case, it is most respectfully prayed that this
Hon’ble Court may be pleased to:
i) To make appropriate arrangement to
rescue and bring the Petitioners back to
ANNEXURE P-1 (COLLY) 32
To , Dr. S JAISANGAR FOREIGN AFFAIRS MINISTER OF INDIA NEWDELHI INDIA Sub : EMERGENCY TRAVEL ARRANGEMENT TO INDIA Respected Sir, I am Sanisha Thomas , PP:K6681531, Iqama Number: 2399738711,basically from kerala , working as a staff nurse under Ministry of Health, Al Quriae Banimalik General Hospital, Saudi Arabia since 5 years. I am 30 weeks pregnant now and i have completed my contract on 20 April 2020. I had scheduled my return journey on 25th April but due to the current conditions my flight got cancelled and i am stuck up over here. My contract period is going to finish and I have no one else here to support me during my pregnancy days. I am going through tough times due to this issues .I plead for your support to help me reach back home in kerala for my delivery. Please find below my Personal information for your reference: Address ( India): Present address ( SAUDI ) Sanisha Thomas Sanisha Thomas Pulickal (H) Al Quriae Banimalik General Hospital Cherukkad (PO) Taif Kozhikode -673527 Saudi Arabia
Mobile Phone: 9447631128 KSA Phone: +966535221725 E-mail ID : [email protected] Looking for your kind support in this difficult time of mine. Yours faithfully ,
Sanisha Thomas 33 34
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To, Sree S Jaisangar Foreign Affairs Minister of India New Delhi, India
Respected Sir,
Sub: Emergency Travel Arrangements to India
Name: Chinnu Sam Passport no: N8682538 Iqama no: 2462727450 MADAD Registration no: SB2CPR106547120
I am working as a Staff Nurse in King Faisal Specialist Hospital and Research Center, Riyadh, Saudi Arabia. Now I am 7 month pregnant and staying in the hostel. I filed my Final Exit. I completed my contract on 26/03/2020. My flight ticket was on 01/04/2020. But it was canceled due to Covid 19. Now a days I am not working. I don’t have any relatives in Riyadh and no family with me. According to the hospital, they will not facilitate any accommodation if in case of delivery happens here. So I want to go home as soon as possible.
Hope you can understand my critical situation and kindly please do arrange flight for me
Yours Respectfully
From, Chinnu Sam (India) Nediyavila, Kottavattom (P.O) Elampal (Via) Kollam 691322 Kerala Mob: +91, 9447558247
Chinnu Sam (Saudi Arabia) King Faisal Specialist Hospital and Research Center Zahrawi St, Al Mather Al Mazeer, Riyadh 12713 Mob: 0561744576 Email: [email protected]
Signature 40 41 42
Date: 23/04/2020 To,
Sree S JAISANGAR FOREIGN AFFAIRS MINISTER OF INDIA NEW DELHI, INDIA
Subject: Emergency travel arrangements to India
Respected Sir,
I’m now 26 weeks pregnant. I had lot of complications in my first pregnancy and those complications still remains. Case - Septate Uterus For this reason, the first child was born 2 months premature and later undergone treatments. The surgery was conducted in a MIMS hospital, Calicut and the child was safe only because of quality treatment and surgery was done at exact time. This delivery was also supposed to do by the same doctor to avoid complications.
We had already purchased Tickets for our travel and was supposed to go on April 7th. We don’t have Medical Insurance and there is no facilities for surgery here at this situation. Even a Gynecologist is not available for consultation. We are completely under lockdown conditions and the whole family is at home, totally helpless. I’m suffering from severe mental stress in this condition. We don’t have any relatives for support here and I need to go home urgently.
I have attached all documents along with this request. Please consider this as an emergency and I’m kindly requesting you to arrange the travel arrangements for me along with my family (Husband and 6 years old Daughter)
Name: Dr. Rehma Salam Passport number: L9852189 Iqama Number: 2378156828 Mobile number (KSA): +966 552291831 E-mail ID: [email protected]
Address (KSA):
Al murshid Street, Al Badiah District, Shumaisy, Riyadh
Address (India):
Elayodan House, Cherukode, PO- Chathangotupuram Wandoor via, Malappuram dist Pin- 679328 Phone # (India): +91 9995528655
43
Yours Faithfully,
Name: Dr. Rehma Salam
Signature:
------
Husband Details:
Name: Fayaz Abbas Elayodan Passport number: M7039186 Iqama Number: 2265021861 Mobile number (KSA): +966 551208437 E-mail ID: [email protected]
Signature:
Address (KSA):
Al murshid Street, Al Badiah District, Shumaisy, Riyadh
Address (India):
Elayodan House, Cherukode, PO- Chathangotupuram Wandoor via, Malappuram dist Pin- 679328 Phone # (India): +91 9995528655 ------
Daughter Details:
Name: Zoha Fayaz Elayodan Passport number: T817727 Iqama Number: 2378156836
------
44 24/04/2020 To, Sree S JAISANGAR 45 FOURIN AFFAIRS MINISTER OF INDIA NEW DELHI, INDIA
Sub :Emergency travel arrangements to India
Respected sir,
My name is Jayasree Sivankutty,holder of indian passport number L1489564and iqama number 2380852497working as a staff nurse in king fahad hospital jeddah saudi arabia. currently I am 34weeks pregnant and My family is not around to take care even after my delivery. I am staying in hostel and my colleagues are doing corona duty and the cases are increasing nowadays so they cannot help also. So this is to bring to your notice about my concerns regarding delivery, maternity and baby care as there is no action yet to bring us to our home. How many times contacted with the foreign ministry, indian embassy and chief minister office but they never understand our situation. The current issues includes; 1.I am facing difficulty in going to government hospitals for delivery even though we are nurses under MOH and treatment is free of cost, as all of the government hospitals are corona centres. 2. Private hospitals are expensive and i cannot afford the charges and it cost more than 2 lakhs. 3. Our hospital do not provide us with vehicles for transportation in case of emergency. Authorities told to call red crescent and arrange ambulance to go to any hospital in case of emergency (labour pain) but in this situation we cannot trust the ambulance as they are transferring many covid cases. 4. They do not provide us with a separate room to stay with our babies if i will deliver here. They told to stay with other nurses who are working, most of them are handling query and positive cases of covid. 5. I don't have any one to help me in maternity and baby care. I tried to arrange some ladies but they are demanding huge amount of money approximately 6000 rials. Our salary is below 5000 rials and I dont have enough money to pay them. 6.All the shops closed nowadays so i cannot buy even one dress for my baby 7.Food and water also a problem because we dont have nearby supermarket and there is nobody to carry the things as a help and i am staying in the third floor,no elevator. Even after caeserrian i dont know how i will reach my room. I hope you can understand our situation here and appreciate if you can arrange some help for us in such a bad time...
Thanking you Yours faithfully
Jayasree Sivankutty Puthuparampil (h) Perumpanachy p o Changanacherry Kottayam-686536 Kerala Ph no:919167491562
Present address:Jayasree sivankutty King fahd general hospial Al mustashaf al am Jeddah 23325 Ph no:0551614758 Mail id- [email protected]. 46
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To, sri S Jaisangar Foriegn affairs Minister of India
NewDelhi, India. From, Neethumol Thankachan Modern medical clinic Exit14, Rabwa Riyadh. MADAD Reg number-SB2CPR106001620 Subject: -Emergency travel arragements to india. Respected sir, I am a staff nurse working at Modern Medical Hospital Riyadh Saudi Arabia, I am now seven months (30weeks) pregnant and I have been on leave for four months. My flight ticket was 25.3.2020 but could not go because of Corona. My husband is now on my Visiting Visa with me. We do not have the financial or the circumstances to make the delivery here. There is no one to help me, so my request is to take immediate action and return home. Neethumol Thankachan
Address Modern medical clinic complex exit 14 Riyadh, soudhi arabia. Email [email protected]. Passport number-K3877141, 48 49
To ,
Dr. S JAISANGAR FOREIGN AFFAIRS MINISTER OF INDIA NEWDELHI INDIA
Sub : EMERGENCY TRAVEL ARRANGEMENT TO INDIA
Respected Sir,
I am Selus Sebastian , PP:NO732565, Iqama Number: 2421610219,basically from kerala , working as a staff nurse under Ministry of Health, Al-Jouf, Saudi Arabia since 4 years. I am 7 months carrying now and i have quitted my job in order to reach home for my delivery.My last duty was on 16 April 2020. I had scheduled my return journey on 23rd April but due to the current conditions my flight got cancelled and i am stuck up over here. My contract period is going to finish and I have no one else here to support me during my pregnancy days. I am going through tough times due to this issues .I plead for your support to help me reach back home in kerala for my delivery. Please find below my Personal information for your reference:
Address ( India): Present address ( SAUDI ) Selus Sebastian Selus Sebastian Pathikkattu(H) Staff Nurse Rajapuram(POST) Maternity And Children’s hospital ( MCH ) Idukki -685604 Sakaka -72341 Kerala,India Al- jouf , KSA Phone: +919961965628 Mobile number : +966533619629 E-mail ID : [email protected] E-mail ID : [email protected]
Looking for your kind support in this difficult time of mine.
Yours faithfully
Selus sebastian 50
TO,
SREE.JAYASANGAR
FOREIGN AFFAIRS MINISTER OF INDIA
NEWDELHI, INDIA
SUB: EMERGENCY TRAVEL ARRANGEMENTS TO INDIA.
RESPECTED SIR,
I AM SHILPA PRAMEELA PILLAI (PASSPORT NUMBER: N3311213), WORKING AS STAFF NURSE AT AL NABHANIYAH GENERAL HOSPITAL, AL QASSIM, KINGDOM OF SAUDI ARABIA. (IQAMA NUMBER: 2460465848). I AM PREGNANT NOW AND I WOULD LIKE TO GO TO INDIA FOR MY DELIVERY AND POST-DELIVERY TREATMENT. I AM ALONE AND NOT COMFORTABLE HERE. MY DUE DATE FOR DELIVERY IS IN JUNE FIRST WEEK.
PLEASE DO THE NEEDFUL TO TAKE ME TO MY HOME COUNTRY IMMEDIATELY.
YOURS FAITHFULLY
SHILPA PRAMEELA PILLAI.
FROM,
SHILPA BHAVANAM
EDAKKUNNAM, CHARUMMOODU PO (690505)
ALAPUZHA DISTRICT
KERALA.
CONTACT NUMBER INDIA: +91 9495571529.
CONTACT NUMBER SAUDI ;+966 557156521
MAIL ID : [email protected] ANNEXURE P-2 (26(COLLY) 51
Name :SANISHA THOMAS File.N :23515 Doctor : DR.SUPARNA Date :20/04/2020 Age : 29y Exam :ANC
Single Viable intra uterus fetus BPD. = 75mm. (27weeks) FL. = 59mm. (27weeks) Heart Rate = 142 b/m Placental position = Anterior Aminotic Fluid = Adequate Weight of the fetus = 1150gm Position of the fetus = Cephalic presentation
=.=.=.= .=
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