New Delhi, February 17: The Delhi High court on Tuesday granted time to Ministry of External Affairs (MEA) to get consular access to retired major Vikrant Jaitly and have a meeting with him. The high court has also asked the MEA to apprise him about the development in the petition moved by Celina Jaitly.
The court is considering a petition filed by Bollywood actres Celina Jaitly seeking directions in connection with her brother's detention in the United Arab Emirates.
During the hearing, wife of Vikrant Jaitly, Charul Jaitly, filed a note. The court directed to supply the copy of note to Celina Jaitly and MEA. She appeared before the court.
Celina's counsel argued that Vikrant Jaitly was an employee and his wife was the owner of the company in question. His wife Charul Jaitly opposed the submissions of Celina Jaitly.
Justice Purushaindra Kumar Kaurav granted 4 weeks time to MEA after its cousnsel sought time to get a consular access to retired major Vikrant Jaitly.
The counsel for MEA submitted a note and submitted that UAE did not approved the consular access on February 13 and it is awaited. It will take 3-4 weeks to get approval.
The bench granted time to MEA and directed to file a status report. The bench has also asked the MEA to share the note of his wife and petition with Vikrant Jaitly.
The next hearing has been scheduled for March 16.
Charul appeared before the court in person and sought that the proceedings be conducted in camera; however, the court declined the request. She also opposed the submissions advanced by counsel for Celina.
Advocate Sandeep Kapoor, along with Advocate Raghav Kacker, appeared for Celina Jaitly. They submitted that Vikrant was employed by the company, while its ownership lay with his wife, who later wound up the business.
The submissions were opposed by Charul Jaitly's counsel.
Justice Kaurav said that the court is not hearing the family matter. It is hearing a petition filed against the Central Government.
The Delhi High Court on February 12 asked the Ministry of External Affairs to have a meeting with Retired major Vikrant Jaitly and get the power of attorney signed in favour of an emirati law firm Khalid Al Maree and Partners. Central Government has issued a letter to firm to represent Vikrant Jaitly.
" If he is not willing to get legal assistance from the firm, then he will suggest the name of another firm," the High court had said.
Earlier, the high court had asked Charul Jaitly and Celina Jaitly to sit together, have some conversations and work in tandem in order to secure release of Vikrant Jaitly
Central Government standing counsel for MEA had submitted that she took instructions from the ministry and said that there is no provision to facilitate the meeting with foreign nationals including the courts as per Legal Assistance Treaty between India and UAE.
The High court had also asked the ministry to subject to approval by local authorities let the embassy officials to apprise Vikrant about the engagement of law firm.
Advocate Raghav Kacker counsel for Celina Jaitly had submitted that A letter has been issued by the Ministry to law firm Khalid Al Maree and partners.
In case he is not willing to take assistance from Khalid Al Maree, there can be some other firms, the High court had said.
Charul Jaitly had said that There might be compromise with the investigation in view of sensitivity of case. Vikrant Jaitly wants India Government to engage a lawyer for his defence.
If Vikrant Jaitly is not willing to take legal assistance from Khalid Al Maree, then he should suggest some name, the court said.
On February 10, The Delhi High court had asked the counsel for the Ministry of External Affairs (MEA) to get in touch with the ministry/Consulate to facilitate the interaction of Major (Retd) Vikrant Jaitly with the court.
The court had asked the parties not to interact with the media without court permission.
On February 3, The Delhi High court had directed the Ministry of External Affairs to issue an order to a legal firm to represent Celina Jaitly's brother Major (retd.) Vikrant Jaitly in Dubai and Abu Dhabi. The law firm is ready to do the matter free of cost.
It was submitted that the legal firm is willing to represent Major (Retd.) Vikrant Jaitly free of cost (Pro Bono). They have found out the details of the case in their own.
On December 23, After a chamber hearing, the Delhi High Court issued fresh directions in the plea.
Earlier, Justice Sachin Datta had noted that, in compliance with earlier orders, Major Jaitly continues to receive consular access. During the hearing, Celina Jaitly 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 Centre, through the Ministry of External Affairs, to facilitate communication between Celina Jaitly and her brother, who has been detained in the UAE for over a year.
Celna Jaitly had approached the Court seeking effective legal assistance, along with regular updates on her brother's welfare and legal status. (ANI)
