The Delhi High Court, on Monday, heard a petition filed by actor and activist Celina Jaitly, seeking directions to the Ministry of External Affairs (MEA) to take immediate steps regarding the detention of her brother, Major (Retd.) Vikrant Jaitly, an Indian national currently held in the United Arab Emirates (UAE). The matter was heard by Justice Sachin Dutta.
During the proceedings, counsel for the MEA informed the Court that consular access had been granted to the Indian authorities after sustained efforts and that they were in touch with the detainee’s wife. However, the counsel was unable to confirm whether legal representation had been arranged or whether the detainee was in communication with his family, including the petitioner. The petitioner Ms Celina Jaitly was represented by Raghav Kacker, Advocate and assisted by Ribhav Pande, Madhav Agarwal, and Aayush Shukla, Advocates.
Justice Dutta noted that since the detainee is an Indian national, the Government of India is duty-bound to ensure both effective legal representation and regular communication between him and his family. The Court observed that since he is an Indian citizen, steps must be taken to provide effective legal representation and facilitate contact between the detained person and his family members.
The Court issued the following directions:
- The MEA shall ensure that Major (Retd.) Vikrant Jaitly is provided effective legal representation in the UAE proceedings.
- The Ministry shall also facilitate communication between the detainee and his sister (the petitioner), in addition to his wife.
- A nodal officer is to be appointed by the MEA to coordinate updates between Indian authorities, the petitioner, and other family members, particularly given the urgency as failure to renew the detainee’s identification within one year could result in loss of all civil and financial rights in the UAE.
The Court has directed the MEA to file a status report detailing the steps taken in compliance with these directions, including updates on the legal proceedings in the UAE and the detainee’s well-being.
Appearances:
Petitioner: Mr. Raghav Kacker, Mr. Ribhav Pande, Mr. Madhav Aggarwal and Mr. Aayush Shukla, Advs. along with petitioner in person.
Respondent: Ms. Nidhi Raman, CGSC, Mr. Akash Mishra and Mr. Arnav Mittal, Advs. for UOI.
