Delhi High Court Orders Effective Legal Representation For Actress Celina Jaitly's Brother Detained In UAE

The Delhi High Court on Monday issued notice on a plea filed by actress Celina Jaitly seeking effective legal representation for her brother, a retired Indian Army officer, over his arrest and detention in the UAE.

Justice Sachin Datta sought response of the Union Government and listed the matter for hearing on December 04.

The actress was present in the Court during the hearing today.

The Court directed the authorities to take steps provide effective legal representation to the brother regarding his arrest and detention abroad.

The counsel appearing for the Centre submitted that the Indian authorities in UAE have granted consular access to the detainee.

Actress' counsel submitted that despite several attempts, Jaitly was unable to communicate with her brother.

The Court thus asked the authorities to make attempt to ensure that the contact between the actress and her brother is facilitated, in addition to ensuring contact between him and his wife.

“The respondent shall depute a nodal officer for the above purpose and also to apprise the petitioner and other family members of the detainee as regards the status of the detainee and the legal proceedings. Let the nodal officer provide regular updates to the petitioner and other family members,” the Court directed.

Filed through Advocates Madhav Aggarwal and and Aayush Shukla, the plea seeks protection of the brother's rights and that he is treated in accordance with international law and conventions on consular access.

The petition states that the brother had been “illegally abducted and detained” in UAE for over a year since September 06 last year.

As per the plea, the brother, Major (Retd.) Vikrant Kumar Jaitly, had been residing in the UAE since 2016 and was employed with the MATITI Group, which is engaged in trading, consultancy, and risk management services.

The actress had claimed that despite the passage of over one year, the Union Ministry of External Affairs has failed to secure basic information about her brother, including his welfare conditions, and legal status.

She has said that she has been denied even a single phone call or verified communication with her brother for over a yeas and that he only had four consular visits till now.

“Egregiously, the Respondent has now internally transferred the Petitioner's Grievance registered on the MADAD portal to the CPV Division for closure, despite the Detainee remaining unlawfully detained and the Petitioner having received no reliable information about his condition,” the plea states.

“The Respondent bears a continuing constitutional and moral duty to extend protection and assistance to its citizens who are detained

in foreign jurisdictions. The Respondent cannot remain a passive observer when an Indian citizen is deprived of liberty abroad, and is required to actively secure his basic rights, medical care, and legal representation through diplomatic and consular channels,” it adds.

The actress has thus sought facilitation of effective legal representation for her brother, real-time, direct communication with him and regular consular contact.

Title: Celina Jaitly v. Union of India