Celina Jaitly's plea: HC asks MEA to facilitate brother's interaction

The Delhi High Court directed the MEA to facilitate interaction with Major (Retd) Vikrant Jaitly, detained in the UAE for 18 months. The court was hearing a plea by his sister, actor Celina Jaitly, and has barred parties from media interaction.

New Delhi [India], February 10 (ANI): The Delhi High Court has asked the counsel for the Ministry of External Affairs (MEA) to get in touch with the ministry/Consulate to facilitate the interaction of Major (Retd) Vikrant Jaitly with the court. Vikarant Jaitly is in detention in the UAE.

The High Court hearing a petition moved by bollywood actor Celina Jaitly. Her brother, Vikrant Jaitly, has been detained in the UAE for the past 18 months.

Justice Purushaindra Kumar Kaurav asked the Central Government counsel to contact the Ministry to facilitate Vikrant Jaitly's interaction with the court. The court asked the counsel to take instructions and come on Thursday. The High has listed the matter for hearing on February 12.

Court Issues Gag Order Amidst Family Submissions

Meanwhile, the court has asked the parties not to interact with the media without court permission. The bench passed the direction after hearing submissions.

Considering an application filed on behalf of Charu Jaitly, the wife of Vikrant Jaitly. Her counsel submitted that Charu Jaitly met with her husband whenever consular access was permitted. He had instructed her not to engage any counsel for the time being. Counsel also urged the court to direct Celina Jaitly not to interact with the media.

This submission was opposed by the senior advocate Sanjay Jain and Advocate Raghav Kacker. It was submitted that the opposite party is interacting with the media. Thereafter, the court directed both parties not to interact with the media. Senior advocate Sanjay Jain argued that Charu Jaitly has no locus to file an application or to make submissions. Justice Kaurav said it is not a question of locus, it is a question of life and liberty of an Indian citizen.

Conflict Over Pro Bono Legal Counsel

On February 3, the Delhi High Court directed the Ministry of External Affairs to issue an order to a law firm to represent Celina Jaitly's brother, Major (retd.). Vikrant Jaitly in Dubai and Abu Dhabi. The law firm is ready to handle the matter free of cost.

The Counsel for MEA filed a status report on Tuesday. The name of the firm was suggested by her counsel, Raghav Kacker, assisted by Advocates Madhav Agrawal and Suradhish Vats. It was submitted that the legal firm is willing to represent Major (Retd.) Vikrant Jaitly is provided free of charge (pro bono). They have obtained the details of the case independently.

The submissions were opposed by the counsel for the Ministry of External Affairs. It was stated that the firm's name is included in the list of 4 legal firms suggested by Vikrant Jaitly. It was also stated that Vikrant Jaitly told embassy officials that the decision to retain a legal firm would be made by his wife, Charu Jaitly.

Her counsel opposed and argued that the respondents are suppressing the fact that transpired in the email. The court said that the firm is willing to represent him without any expenses. What is the impediment if the name is suggested by his father, mother or sister.

Chronology of Earlier Court Orders

The Delhi High Court on January 29 permitted Celina Jaitly to file an additional affidavit in response to the Central Government's status report. She urged the filing of an additional affidavit to place on record certain new facts in the petition concerning her brother, who is detained in inthe UAE. Her brother Vikrant Jaitly is a retired major of the Indian Army.

On December 23, after a chamber hearing, the Delhi High Court issued fresh directions in the plea. Earlier, Justice Sachin Datta had noted that, in compliance with earlier orders, Major Jaitly continues to receive consular access.

During the hearing, Celina Jaitly requested that arrangements be made to secure the availability of a local lawyer or law firm to ensure effective legal representation for her brother. Upon accepting the request, the Court directed that the Indian Consulate shall provide a list of locally accredited lawyers or law firms who can represent the detained person, should he choose to avail of such services.

The Court had clarified that engagement of any lawyer or law firm would be subject to the detained person or his family bearing the costs, and this condition must be clearly communicated to him. Justice Datta further observed that if any lawyer or law firm is willing to waive professional charges, the same should also be communicated to Major Jaitly, enabling him to make an informed decision. The Court added that the specific name of the lawyer or law firm must be communicated to him.

Earlier, the Delhi High Court had directed the Centre, through the Ministry of External Affairs, to facilitate communication between Celina Jaitly and her brother, who has been detained in the UAE for over a year. Jaitly had approached the Court seeking effective legal assistance, along with regular updates on her brother's welfare and legal status. The Court had previously ordered the appointment of a nodal officer and directed that regular updates be provided to the family, while ensuring continued consular access and facilitating communication between the detainee, his sister, and his wife. (ANI)

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