Delhi High Court disposed of Celina Jaitley’s petition seeking communication with her brother detained in the UAE. The court noted that Vikrant Jaitley, who has had consular access 9 times, does not wish to communicate with the actor or take legal aid.
Petition Disposed as Brother Refuses Communication
The Delhi High Court on Monday disposed of the petition of actor Celina Jaitley after noting that her brother, who is currently detained in UAE, does not want to communicate with her. She had filed a petition seeking consular access and a direction to the Ministry of External Affairs to facilitate communication with tm her brother Vikrant Jaitley, who is detained in the UAE.
The High Court took note of the fact that consular access has been provided to Vikrant Jaitley 9 times since his arrest.
Justice Purushaindra Kumar Kaurav disposed of the petition after he was informed that Major (Retd) Vikrant Jaitly doesn’t want to communicate with Celina Jaitly. It is also noted that Vikrant Jaitly has refused any communication with Celina Jaitly and is not willing to take any legal assistance at this stage. It was also informed that Vikrant has said that any decision in this regard will be taken by his wife.
The high court noted that Vikrant Jaitly made it clear during a consular meeting. A report prepared by the embassy of India in Abu Dhabi was also filed in the High Court by ASG Chetan Sharma.
Court’s Prior Directives and Case Background
On February 17, the Delhi High Court granted 4 weeks’ time to the Ministry of External Affairs (MEA) to have a meeting with Retired Major Vikrant Jaitly, who is detained in Abu Dhabi. His wife had filed a note in the matter. The court directed the supply of a copy of the note to Celina Jaitly and MEA.
Advocate Sandeep Kapoor, Srishti Agarwal alongwith advocate Raghav Kacker, appeared for Celina Jaitly.
The Delhi High Court on February 12 asked the Ministry of External Affairs to have a meeting with Retired Major Vikrant Jaitly and get the power of attorney signed in favour of an Emirati law firm, Khalid Al Maree and Partners. The Central Government has issued a letter to the firm to represent Vikrant Jaitly.
” If he is not willing to get legal assistance from the firm, then he will suggest the name of another firm,” the High Court had said.
Earlier, the high court had asked Charul Jaitly and Celina Jaitly to sit together, have some conversations and work in tandem in order to secure the release of Vikrant Jaitly Central Government standing counsel for MEA had submitted that she took instructions from the ministry and said that there is no provision to facilitate the meeting with foreign nationals, including the courts, as per the Legal Assistance Treaty between India and the UAE.
The High Court had also asked the ministry to subject the approval to local authorities, and let the embassy officials apprise Vikrant about the engagement of the law firm.
Advocate Raghav Kacker, counsel for Celina Jaitly, had submitted that a letter has been issued by the Ministry to law firm Khalid Al Maree and partners. In case he is not willing to take assistance from Khalid Al Maree, there can be some other firms, the High Court had said. Charul Jaitly had said that there might be a compromise with the investigation in view of the sensitivity of the case.
Vikrant Jaitly wants India Government to engage a lawyer for his defence. If Vikrant Jaitly is not willing to take legal assistance from Khalid Al Maree, then he should suggest a name, the court said.
On February 10, the Delhi High Court had 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. The court had asked the parties not to interact with the media without court permission.
On February 3, the Delhi High Court had directed the Ministry of External Affairs to issue an order to a legal firm to represent Celina Jaitly’s brother, Major (retd.) Vikrant Jaitly in Dubai and Abu Dhabi. It was submitted that the legal firm is willing to represent Major (Retd.) Vikrant Jaitly free of cost (Pro Bono). They have found out the details of the case on their own.
On December 23, after a chamber hearing, the Delhi High Court issued fresh directions in the plea.
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. (ANI)
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