Delhi High Court Grants MEA Additional Time for Consular Access in Detained Retired Major's Case
The Delhi High Court on Tuesday granted the Ministry of External Affairs (MEA) a period of four weeks to arrange consular access and a meeting with retired Major Vikrant Jaitly, who is currently detained in the United Arab Emirates. The court also directed the MEA to inform Major Jaitly about the developments in the petition filed by his sister, Bollywood actress Celina Jaitly.
Petition Seeks Directions for Brother's Detention in UAE
The court is currently considering a petition filed by actress Celina Jaitly, seeking judicial directions concerning the detention of her brother in the UAE. During the hearing, Charul Jaitly, the wife of Vikrant Jaitly, submitted a note to the court. Justice Purushaindra Kumar Kaurav directed that copies of this note be provided to both Celina Jaitly and the MEA.
Charul Jaitly appeared before the court in person and requested that the proceedings be conducted in camera, a plea that the court declined. She also opposed the submissions made by Celina Jaitly's counsel.
Legal Arguments and Family Dispute Surface in Court
Advocate Sandeep Kapoor, along with Advocate Raghav Kacker, represented Celina Jaitly. They argued that Vikrant Jaitly was an employee of the company in question, while its ownership rested with his wife, Charul, who later wound up the business. These submissions were strongly opposed by Charul Jaitly's legal counsel.
Justice Kaurav clarified that the court is not adjudicating a family dispute but is hearing a petition filed against the Central Government. The bench granted time to the MEA after its counsel sought an extension to secure consular access, noting that the UAE had not approved access on February 13 and approval is still awaited, a process expected to take three to four weeks.
Court Directs MEA to File Status Report and Share Documents
The bench has directed the MEA to file a status report and to share the note submitted by Charul Jaitly, along with the petition, with Vikrant Jaitly. The next hearing in the case has been scheduled for March 16.
The MEA counsel submitted a note indicating that consular access approval from UAE authorities is pending. The court emphasized the need for the MEA to apprise Major Jaitly of all developments.
Background: Previous Court Directives on Legal Representation
On February 12, the Delhi High Court had asked the MEA to arrange a meeting with Vikrant Jaitly to get a power of attorney signed in favor of the Emirati law firm Khalid Al Maree and Partners. The Central Government had issued a letter to the firm to represent him. The court had stated that if he is unwilling to accept legal assistance from this firm, he should suggest an alternative.
Earlier, the high court had encouraged Charul Jaitly and Celina Jaitly to collaborate to secure Vikrant Jaitly's release. The MEA's standing counsel had informed the court that, under the Legal Assistance Treaty between India and the UAE, there is no provision to facilitate meetings with foreign nationals, including court interactions.
The court had also asked the ministry, subject to local approval, to have embassy officials inform Vikrant Jaitly about the engagement of the law firm. Celina Jaitly's counsel had noted that the ministry had issued a letter to Khalid Al Maree and Partners.
Ongoing Legal Proceedings and Earlier Hearings
On February 10, the court had asked the MEA counsel to facilitate an interaction between Vikrant Jaitly and the court. It had also instructed parties not to interact with the media without court permission.
On February 3, the court directed the MEA to issue an order to a legal firm to represent Vikrant Jaitly in Dubai and Abu Dhabi. The firm had agreed to handle the matter pro bono, having independently researched the case details.
After a chamber hearing on December 23, the Delhi High Court issued fresh directions. Justice Sachin Datta had earlier noted that Major Jaitly continues to receive consular access in compliance with prior orders. Celina Jaitly had requested arrangements for a local lawyer or firm to ensure effective legal representation for her brother.
The petition was initially filed after the Delhi High Court directed the Centre, through the MEA, to facilitate communication between Celina Jaitly and her brother, who has been detained in the UAE for over a year. Celina Jaitly approached the court seeking effective legal assistance and regular updates on her brother's welfare and legal status.
