The Delhi High Court on Tuesday asked the Ministry of External Affairs (MEA) to explore the feasibility of facilitating a video conference interaction between the Court and Vikrant Jaitly, brother of actor Celina Jaitly, who has been detained in the United Arab Emirates for over a year.

Justice Purushaindra Kumar Kaurav observed that a direct interaction with Vikrant Jaitly was necessary for the Court to ascertain his position on the reliefs sought in the petition filed by Celina Jaitly concerning his detention, including whether he requires legal assistance from his wife or sister.

Emphasising that the life, liberty and interests of an Indian citizen were paramount, the Court indicated that questions of locus of the wife or sister were secondary. It noted that if communication between Vikrant Jaitly and his wife was possible, there was no reason why a similar interaction could not be facilitated for the Court. The Central Government Standing Counsel was accordingly directed to seek instructions from the MEA on enabling such interaction.

Appearing for Celina Jaitly, Senior Advocate Sanjay Jain submitted that Vikrant Jaitly’s wife was opposing the appointment of a law firm in the UAE to represent him, despite not being a party to the proceedings, and was allegedly acting against his interests. He contended that the petition had been filed not merely in the capacity of a sister, but as a concerned Indian citizen, asserting that it was the Government of India’s responsibility under international law, including the Vienna Convention, to ensure legal assistance to a detained Indian national abroad.

The Court appeared to agree with the submissions, observing that the wife could not unilaterally prevent the engagement of a legal firm to assess the situation and provide assistance in the UAE.

Vikrant Jaitly’s wife also entered appearance through counsel and submitted that the MEA had been extending all necessary assistance to her and that she remained in regular contact with Vikrant. She further claimed that Vikrant had himself requested that the law firm in question not be engaged.

During the hearing, counsel for Vikrant Jaitly’s wife sought directions restraining Celina Jaitly from interacting with the media. Accepting the request, the Court directed all parties to refrain from speaking to the media without prior permission, in order to maintain the sanctity of the proceedings.

The matter has been listed for further hearing on February 13.

Appearances:

For the Petitioner (Celina Jaitly): Senior Advocate Sanjay Jain, Advocates Raghav Kacker, Ribhav Pande, Madhav Agarwal, Suradhish Vats and Aayush Shukla.

For the Respondent (MEA): Central Government Standing Counsel Nidhi Raman and Government Pleader Arnav Mittal with advocate Akash Mishra