The Delhi High Court has granted four weeks to the Centre to secure consular access to Celina Jaitly’s brother, Retired Major Vikrant Jaitly, detained in Abu Dhabi. The Court also directed the MEA to update him about the ongoing petition and file a status report.
The Delhi High Court on Tuesday granted four weeks’ time to the Ministry of External Affairs (MEA) to secure consular access to Retired Major Vikrant Jaitly, who is currently detained in the United Arab Emirates (UAE). The Court also directed the MEA to inform him about the latest developments in the petition filed by his sister, Bollywood actor Celina Jaitly.
The matter was heard by Justice Purushaindra Kumar Kaurav, who was considering a petition filed by Celina Jaitly seeking directions against the Central Government in connection with her brother’s detention in the UAE. During the hearing, Vikrant Jaitly’s wife, Charul Jaitly, appeared in person and submitted a written note before the Court. The bench directed that a copy of her note be supplied to Celina Jaitly and the MEA.
Counsel for Celina Jaitly argued that Vikrant Jaitly was only an employee of the company involved in the case, while the ownership of the company rested with his wife, Charul Jaitly.
It was further submitted by Advocates Sandeep Kapoor and Raghav Kacker that Vikrant was employed by the company and that his wife, who was the owner, had later wound up the business. These submissions were strongly opposed by Charul Jaitly and her counsel.
Justice Kaurav clarified the scope of the proceedings, observing,
“the court is not hearing the family matter. It is hearing a petition filed against the Central Government.”
The Court made it clear that it was only concerned with the actions and responsibilities of the authorities and not the personal dispute between family members.
The counsel appearing for the MEA informed the Court that consular access to Vikrant Jaitly was sought, but the UAE authorities had not approved the request on February 13. The approval is still awaited and may take three to four weeks.
In view of this, the Court granted time to the MEA and directed it to file a detailed status report. The bench also directed the MEA to share the note submitted by Charul Jaitly and the petition filed by Celina Jaitly with Vikrant Jaitly.
The next date of hearing has been fixed for March 16.
During the proceedings, Charul Jaitly requested that the matter be heard in camera, citing the sensitive nature of the case. However, the Court declined this request and continued the hearing in open court. She also opposed the arguments advanced by Celina Jaitly’s counsel.
Earlier, on February 12, the Delhi High Court had directed the MEA to meet Vikrant Jaitly and obtain a power of attorney signed in favour of an Emirati law firm, Khalid Al Maree and Partners, to represent him. The Central Government had already issued a letter authorising the firm to appear on his behalf.
At that time, the High Court had observed,
” If he is not willing to get legal assistance from the firm, then he will suggest the name of another firm,”
making it clear that the final choice of legal representation should be left to Vikrant Jaitly.
The Court had also earlier asked Charul Jaitly and Celina Jaitly to sit together and work in coordination to secure Vikrant’s release. However, differences between the two continue to be reflected during court proceedings.
The Central Government’s standing counsel had previously submitted that under the Legal Assistance Treaty between India and the UAE, there is no specific provision to facilitate meetings between foreign nationals and courts.
The High Court had nevertheless directed that, subject to approval by local authorities, embassy officials should inform Vikrant Jaitly about the engagement of the law firm.
Advocate Raghav Kacker had earlier informed the Court that a letter had already been issued by the Ministry to Khalid Al Maree and Partners for representing Vikrant Jaitly. The Court had also clarified that,
“In case he is not willing to take assistance from Khalid Al Maree, there can be some other firms,”
ensuring flexibility in choosing legal counsel.
Charul Jaitly had earlier expressed concerns that there might be a compromise with the investigation considering the sensitive nature of the case. She stated that Vikrant Jaitly wanted the Indian Government to engage a lawyer for his defence. In response, the Court reiterated,
“If Vikrant Jaitly is not willing to take legal assistance from Khalid Al Maree, then he should suggest some name,”
again emphasizing that the choice should come from Vikrant himself.
On February 10, the Delhi High Court had directed the MEA to get in touch with the ministry or consulate to facilitate interaction between Vikrant Jaitly and the Court. The bench had also instructed the parties not to interact with the media without prior permission from the Court.
Earlier, on February 3, the High Court had directed the MEA to issue an order to a legal firm to represent Major (Retd.) Vikrant Jaitly in Dubai and Abu Dhabi. It was submitted before the Court that the firm was willing to represent him free of cost (pro bono) and had independently gathered details of the case.
On December 23, after a chamber hearing, the Delhi High Court had issued fresh directions in the matter. Previously, Justice Sachin Datta had recorded that Vikrant Jaitly was continuing to receive consular access in compliance with earlier court orders. During that hearing, Celina Jaitly had requested arrangements for engaging a local lawyer or law firm to ensure effective legal representation for her brother.
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The High Court had also earlier directed the Centre, through the MEA, to facilitate communication between Celina Jaitly and her brother, who has reportedly been detained in the UAE for over a year. In her plea, Celina Jaitly sought effective legal assistance for him along with regular updates about his welfare and legal status.
The matter continues to remain under judicial scrutiny, with the Court focusing on ensuring consular support, legal representation, and coordination between authorities while keeping family disputes outside the scope of the proceedings.
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