Delhi HC paves Maldives legal path for missing Aligarh chef’s family

Agra: Delhi high court has directed the ministry of external affairs and the Indian high commission in Maldives to provide consular access, entry-exit facilitation and official coordination to the family of a 25-year-old Aligarh chef who went missing in Maldives on Jan 27last year. enabling them to initiate legal proceedings against his employer after they alleged the resort withheld crucial evidence and failed to provide clear details about the circumstances of his disappearance.Aftab Khan, 25, had worked at an upscale beachfront resort in Maldives since March 2024. The resort informed his family that he had entered the sea with colleagues and allegedly drowned. His family disputed this account and sought a detailed probe, saying they received no documentary proof of the alleged incident and no transparent communication from the employer.His brother, Mujeeb Khan, said, "Repeated attempts to obtain clear answers from the resort management and local authorities yielded little response. Despite my visit to Maldives with our Delhi-based lawyer, Zishan Khan, last year, the resort management withheld crucial evidence, including Aftab's mobile phone and CCTV footage. They returned only his passport and a few documents in a sealed bag. We were not given satisfactory information."After failing to secure clarity through direct engagement, the family approached Delhi HC and sought assistance to access authorities in Maldives and pursue remedies under local law. Earlier proceedings did not give them effective relief. However, while hearing a Letters Patent Appeal, a division bench intervened and directed authorities to facilitate consular access and coordinate necessary steps for legal action.Chief Justice D K Upadhyaya and Justice Tejas Karia on Monday directed ministry of external affairs to "provide consular access to the appellant and his legal advisers in the Maldives, provide entry-exit assistance, and coordinate meetings with the late Aftab Khan's employer and local investigating authorities."Their legal representative, Zishan Khan, said, "The court directed the ministry of external affairs and Indian high commission in Maldives to ensure entry and exit facilitation for the family and legal representative. We are planning to go to Maldives soon." He is expected to travel there in the coming days to initiate further legal steps.Earlier, on Jan 15, a single-judge bench had disposed of a petition filed by Mujeeb seeking consular assistance to trace his brother, observing that the government had already taken the necessary measures to help the family retrieve Aftab's belongings. After That family lawyer Zishan Khan filed the LPA in HC stating that govenment had "failed to facilitate consular access in the letter and spirit".The family alleged that the employer did not provide any documentary evidence related to the alleged snorkelling incident and did not hand over Aftab's mobile phone despite repeated requests.After the latest order, the family said they regained hope. "Aftab was the sole breadwinner of his family and had only recently begun his career in Maldives. Since receiving the news, my wife's health deteriorated significantly and she has been unable to walk. Now, after the High Court order, the entire family is hopeful that we will get justice. My wife is still waiting for her son. She does not believe that Aftab drowned. We also do not believe that he drowned," said Zaheer Khan, his father.