New Delhi: The Delhi High Court on Tuesday granted time to the Ministry of External Affairs (MEA) to seek consular access to retired Major Vikrant Jaitley and hold a meeting with him. The High Court has also asked the Ministry of External Affairs to apprise it about the developments in the petition filed by Celina Jaitley.
The court is considering a plea filed by Bollywood actress Celina Jaitley seeking directions regarding the custody of her brother in the UAE.
During the hearing, Vikrant Jaitley’s wife Charul Jaitley filed a note. The court directed to give the copy of the note to Celina Jaitley and the Ministry of External Affairs. She appeared before the court.
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Celina’s lawyer argued that Vikrant Jaitley was an employee and his wife was the owner of the concerned company. Celina Jaitley’s views were opposed by her wife Charul Jaitley.
Justice Purushindra Kumar Kaurav gave 4 weeks time to the Ministry of External Affairs as its lawyer sought time to get consular access to retired Major Vikrant Jaitley.
The Foreign Ministry’s lawyer presented a note and said that the UAE has not approved consular access on February 13 and it is awaited. It will take 3-4 weeks to get approval.
The bench gave time to the Ministry of External Affairs and directed it to file the status report. The bench has also asked the Ministry of External Affairs to share the note and petition of Vikrant Jaitley’s wife with him.
The next hearing has been fixed for March 16.
Charul personally appeared in the court and demanded that the proceedings be held in-camera; However, the court rejected the request. He also opposed the arguments given by Celina’s lawyer.
Niharika Karanjawala, Reetim Vohra Ahuja, Srishti Aggarwal along with advocate Sandeep Kapoor appeared for Bollywood actor Celina Jaitley. He said Vikrant was employed in the company while it was owned by his wife, who later closed the business.
Charul Jaitley’s lawyer opposed the arguments.
Justice Kaurav said that the court is not hearing the family matter. It is hearing the petition filed against the Central Government.
The Delhi High Court on February 12 asked the Ministry of External Affairs to meet with retired Major Vikrant Jaitley and sign a power of attorney in favor of Khalid Al Marri & Partners, an Emirati law firm. The Central Government has issued a letter to the company to represent Vikrant Jaitley.
The High Court had said, “If he is not willing to take legal aid from the firm, he will suggest the name of some other firm.”
Earlier, the High Court had asked Charul Jaitley and Celina Jaitley to sit together, have some talks and work together for the release of Vikrant Jaitley.
The Central Government Standing Counsel for the Ministry of External Affairs had submitted that he had taken instructions from the Ministry and stated that there is no provision for facilitating meetings with foreign nationals, including before the courts, as per the Legal Assistance Treaty between India and the UAE.
The high court had also asked the ministry to allow embassy officials to inform Vikrant about the law firm’s involvement, subject to the approval of local authorities.
Celina Jaitley’s lawyer Raghav Kakkar had said that a letter has been issued by the ministry to the law firm Khalid Al Marri and Partners.
The High Court had said that if it was not willing to take help from Khalid Al Marri, some other companies might also be.
Charul Jaitley had said that considering the sensitivity of the case, the investigation could be compromised. Vikrant Jaitley wants the Government of India to appoint a lawyer to defend him.
The court said, if Vikrant Jaitley is not willing to take legal aid from Khalid Al Marri, then he should suggest some name.
On February 10, the Delhi High Court had asked the Ministry of External Affairs (MEA) counsel to contact the ministry/consulate to facilitate Major (retd) Vikrant Jaitley’s interaction with the court.
The court had asked all parties not to talk to the media without the court’s permission.
On February 3, the Delhi High Court had directed the Ministry of External Affairs to issue orders to a law firm to represent Celina Jaitley’s brother Major (retd) Vikrant Jaitley in Dubai and Abu Dhabi. The law firm is ready to handle this case free of charge.
It was submitted that the law firm is ready to represent Major (Retd) Vikrant Jaitley pro bono. He has obtained detailed information about the case at his level.
On 23 December, after an in-chamber hearing, the Delhi High Court issued fresh directions on the petition.
Earlier, Justice Sachin Dutta had said that, in compliance with earlier orders, Major Jaitley would continue to receive consular access. During the hearing, Celina Jaitley had requested that arrangements be made for the availability of a local lawyer or law firm to enable effective legal representation for her brother.
Earlier, the Delhi High Court had directed the Center through the Ministry of External Affairs to facilitate communication between Celina Jaitley and her brother, who has been in custody in the UAE for over a year.
Celina Jaitley had approached the court seeking regular updates on her brother’s welfare and legal status as well as effective legal aid.