LegalAssistance – Delhi High Court Seeks MEA Meeting in Jaitly Case
LegalAssistance – The Delhi High Court on Thursday asked the Ministry of External Affairs to arrange a meeting with Retired Major Vikrant Jaitly to facilitate the signing of a power of attorney in favour of an Emirati law firm, Khalid Al Maree. The Centre has already issued a communication authorising the firm to represent him.
The directions came as the court continued hearing a petition filed by actor Celina Jaitly, who has sought legal support and regular updates regarding her brother’s detention in Abu Dhabi for nearly 18 months.
Court Calls for Clarity on Legal Representation
Justice Purushaindra Kumar Kaurav heard submissions from Celina Jaitly and Vikrant Jaitly’s wife, Charul Jaitly. After considering the arguments, the bench instructed the External Affairs Ministry to engage directly with Vikrant Jaitly to confirm whether he is willing to accept representation from the designated law firm.
The court observed that if he is not agreeable to being represented by Khalid Al Maree, he may suggest an alternative legal firm of his choice. The bench emphasised that the decision should reflect Vikrant Jaitly’s own preference.
In addition, the court directed the Ministry to share a copy of the petition filed by his sister and ascertain whether he is open to meeting her.
Differences Within the Family Surface
During the proceedings, Charul Jaitly appeared via video conferencing and stated that relations between her husband and his sister have been strained. She told the court that she is the authorised person to appoint legal counsel on Vikrant’s behalf and alleged that the petition had been filed without her consent. She also raised concerns about the matter being discussed in the media.
The bench asked her counsel to place relevant details before the court in a sealed cover. The case is now scheduled for further hearing on February 17.
The court also encouraged both Charul and Celina Jaitly to hold discussions and coordinate their efforts to secure appropriate legal assistance for Vikrant Jaitly.
Government Position on Treaty Provisions
Representing the External Affairs Ministry, the Central Government’s standing counsel informed the court that under the existing Legal Assistance Treaty between India and the United Arab Emirates, there is no provision allowing direct facilitation of interactions with foreign courts. However, embassy officials have sought consular access and are expected to meet Vikrant Jaitly shortly, subject to local approval.
The court recorded that the embassy has requested permission to meet him and directed that, if access is granted, officials may inform him about the proposed engagement of the Emirati law firm.
In the interim, the bench asked the Ministry to consult the Ministry of Law and Justice to examine the treaty framework and explore any possible arrangements within its scope.
Earlier Proceedings and Legal Developments
Earlier hearings had focused on ensuring that Vikrant Jaitly continues to receive consular access. The court had also directed authorities to facilitate communication between him and his family, within the limits of UAE law.
On February 3, the High Court had asked the External Affairs Ministry to issue an order enabling a legal firm to represent him in Dubai and Abu Dhabi. The suggested firm had indicated its willingness to appear on a pro bono basis. According to submissions made by Celina Jaitly’s counsel, a formal letter was subsequently issued to Khalid Al Maree.
However, the Ministry’s counsel informed the court that the firm’s name was among four earlier suggested by Vikrant Jaitly. It was also stated that he had conveyed to embassy officials that the final decision regarding legal representation would be taken by his wife.
Charul Jaitly’s counsel further submitted that during permitted consular meetings, Vikrant had advised against engaging any lawyer for the time being. This position was contested by Celina Jaitly’s legal team.
Appeal for Cooperation
During Thursday’s hearing, Celina Jaitly expressed her wish to meet her brother, stating that she has not yet been able to do so. The court clarified that since he is detained outside India, any meeting would have to comply with the laws of the United Arab Emirates.
The bench also reiterated its earlier direction that parties should refrain from interacting with the media without prior permission from the court.
As the matter proceeds, the focus remains on ensuring that Vikrant Jaitly receives appropriate legal assistance and that consular processes continue in accordance with international agreements.