Delhi High Court asks MEA to ensure Celina Jaitly can contact brother detained in UAE

The Delhi High Court on Thursday directed the Union Ministry of External Affairs (MEA) to ensure that actress Celina Jaitly is able to establish contact with her brother, a former Indian Army officer who is allegedly detained in the United Arab Emirates (UAE) [Celina Jaitly v. Union of India].

Justice Sachin Datta passed the direction on a plea by Jaitly seeking directions to ensure that her brother, Major (Retd.) Vikrant Kumar Jaitly, receives legal representation, medical care and the diplomatic assistance of the MEA.

Interestingly, Vikrant Kumar's wife entered appearance through her counsel and opposed Celina Jaitly's request to get in touch with Kumar.

The wife submitted that she has been in touch with her husband, who has chosen not to get in touch with his sister.

The plea by Celina is frivolous, it was argued.

Nevertheless, the Court said that the sister has the right to get in touch with her brother and asked MEA to impress upon Vikrant Kumar that he has the option to get in touch with Celina Jaitly.

Vikrant Kumar Jaitly was abducted and has been detained in the UAE for over a year. He had served in the Indian Army and on a UN peacekeeping mission in Lebanon.

As per Celina Jaitly's petition, Major Jaitly was working with a consultancy firm in the UAE when he was abducted from a mall in the presence of his wife.

Upon being informed about the abduction, Celina Jaitly lodged a complaint on the government's ‘MADAD Portal’ (Online Consular Services Management System). She alleged that no update was provided on filing the complaint.

She moved the Court contending that she approached the Indian Embassy in the UAE and the Consulate in Dubai, but in vain.

Central Government standing counsel Nidhi Raman today informed the Court that legal representation has been given to Major Jaitly. She further stated that he has been provided the counsel he specifically asked for.

Raman also submitted that he has been provided the option to contact his sister.

"We requested them to add the wife and sister’s number in the calling card of the brother and he has chosen to contact his sister. They are estranged it is a family issue," she stated.

Additional Solicitor General Chetan Sharma appearing for the Central government stated that the government is aware of the issue.

"The Government is acutely conscious and sensitive to the credibility of the family. This is 4th generation serving in the Armed Forces and they have laid down their lives. The Government is acutely aware. My friend on the other side may also rethink, why would he not want to contact his sister. The lady is in tears, my lord. Her emotional stage is in distress," he stated.

Advocate Raghav Kacker, representing Celina Jaitly, told the Court that the MEA had not furnished any details regarding the status of his case in UAE and they do not know what is going on in UAE for sixteen months.

"The detainee cannot choose who to call. To download the app, we need an Emirates ID for making the call. We don’t know what has happened in the last 16 months," he stated.

However, Major Jaitly's wife opposed Celina Jaitly's plea and said that she has been in touch with him and that he has chosen not to contact Celina.

"MEA is providing assistance. She has chosen to file this in court despite telling not to. This litigation is frivolous. He [Major Jaitly] has indicated his preference to not contact his sister," the counsel submitted.

To this, Justice Datta stated,

"The petitioner is entitled to call her brother and I have directed the Consulate to facilitate that."

The Court stated that MEA can ask the consulate person to impress upon the brother that he has the option to talk to his sister.

"The ASG submits that an endeavour shall be made to ensure counsellor access to ensure implementation of the direction. Let a fresh status report be filed," the Court recorded.

The matter will be heard next on December 23.

Advocates Raghav Kacker, Ribhav Pande, Madhav Agarwal and Aayush Shukla appeared for Celina Jaitly.

Central Government Standing Counsel Nidhi Raman and Government Pleader Arnav Mittal with advocate Akash Mishra appeared for the MEA.

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