Delhi High Court has again asked the MEA to help actor Celina Jaitly establish contact with her brother detained in a UAE prison. The Court said the Consulate must ensure he is informed that he can speak to his sister.
New Delhi: The Delhi High Court has once again asked the Union Ministry of External Affairs (MEA) to help establish contact between Bollywood actor Celina Jaitly and her brother, a former Indian Army officer who has been detained in the United Arab Emirates (UAE) for around 16 months.
The case came up before Justice Sachin Datta, who closely questioned the Centre about the steps taken to ensure proper communication and legal support for the detainee.
During the hearing, Central Government standing counsel Nidhi Raman informed the court that the detainee had asked for legal support from a specific lawyer.
She said that
“for legal representation he has asked for one specific counsel and he has been provided that counsel.”
The court then asked the petitioner’s side,
“You have been able to contact your brother?”
The petitioner’s lawyer responded that they had still not been able to communicate with him. Explaining the difficulty, he told the court,
“The detainee cannot choose who to call. To download we need an Emirates ID to make the call. We don’t know what has happened in the last 16 months.”
Justice Datta asked if arrangements could be made so that the jail authorities could allow the detained officer to contact his sister.
The judge said,
“You want to arrange with the prison authorities to call you? For some contact to be established? The status report clearly says that he wants legal representation.”
The Centre responded that steps had already been taken. The government lawyer stated,
“We have already done that. We requested them to add the wife and sister’s number has been added in the calling card of the brother and he has chosen to contact his wife.”
The court was not fully satisfied and pointed out that the Embassy could still help. Justice Datta remarked,
“The jail authorise may know, he may not. You facilitate through the Embassy. Can you not facilitate without the portal?”
The Centre also told the court that the detainee had already been granted consular access. According to them,
“he has received the consular access. it was stated that he has chosen not to call her, they are estranged it is a family issue.”
The detainee’s wife joined the hearing virtually. Her lawyer said that she had spoken to her husband recently and even met him in person once. She told the court,
“He has indicated his preference to not contact his sister. This litigation is frivolous.”
Additional Solicitor General Chetan Sharma also addressed the court, emphasising the sensitivity of the case. He stated,
“The Govt is acutely conscious and sensitive of the credibility of the family. This is 4th generation serving in the Armed Forces and they have laid down their lives. The Govt is acutely aware. My friend on the other side may also rethink, why would he not want to contact his sister. Please tweak that in the order. The lady is in tears, my lord. Her emotional stage is in distress.”
Responding to the situation, the court directed the government to ensure better consular involvement. Justice Datta said,
“That is why you ask the consulate person to impress on the brother that he has the option to talk to his sister.”
The ASG then assured that
“an endeavour shall be made to ensure counsellor access to ensure implementation of the direction.”
The court ordered that a fresh status report should be filed.
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The wife’s lawyer once again argued that her client was already receiving support from the MEA. She told the court,
“MEA is providing assistance. She has chosen to file this in court despite telling not to.”
In his final direction, Justice Datta made it clear that Celina Jaitly has the right to communicate with her brother. The judge said,
“The petitioner is entitled to call her brother and I have directed the Consulate to facilitate.”
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