Delhi HC refuses plea over woman's death in Nepal, cites jurisdiction

The Delhi High Court refused to hear a plea from a man whose wife died in Nepal, alleging government negligence. The court cited jurisdictional limits and disputed facts, advising the petitioner to seek other legal remedies.

The Delhi High Court on Thursday refused to entertain a petition filed by a Ghaziabad-based businessman who alleged negligence on the part of the Central government, which subsequently led to the death of his wife in Kathmandu during last year's Gen-Z protests in Nepal.

Plea Deemed 'Incapable of Being Adjudicated'

Petitioner Rambir Singh Gola, through counsel, limited the relief sought to a declaration that his fundamental right to life under Article 21 of the Constitution was violated, along with directions to the Centre to frame an appropriate protocol for Indians travelling to "sensitive" countries. Justice Purushaindra Kumar Kaurav, however, observed that the plea was "incapable of being adjudicated" in writ jurisdiction as it would require the determination of disputed questions of fact and law. The court advised the petitioner to pursue other legal remedies available under the law.

Jurisdiction Questioned Over Foreign Incident

During an earlier hearing, the court had also questioned its jurisdiction since the incident occurred outside India. "How can we hear this since the incident took place in Nepal? How can we decide all this?" Justice Kaurav had asked.

Constitutional Questions Raised by Petitioner

The petitioner's counsel argued that the matter raised important constitutional questions, including whether Article 21 protection extends to Indian citizens travelling abroad and whether failure of consular protection could amount to a violation of that right. Gola had initially sought Rs 100 crore compensation, a judicial inquiry, and fixation of accountability for the death of his wife, Rajesh Gola, who died amid civil unrest in Nepal in September 2025 while the couple were on pilgrimage. (ANI)

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