HC asks MEA to ensure legal aid for actress Celina’s brother

The Delhi High Court on Monday issued a notice to the Ministry of External Affairs (MEA) on a plea filed by actress Celina Jaitly seeking effective legal representation and consular assistance for her brother, a retired Indian Army officer, who has been detained in the United Arab Emirates (UAE) for over a year.

Justice Sachin Datta, who heard the matter, directed the Centre to take immediate steps to ensure that adequate legal aid is provided to Major (retd) Vikrant Kumar Jaitley and that his family, including the actress, is regularly updated about his status and ongoing legal proceedings in the UAE.

The court has listed the matter for further hearing on December 4.

The Bench directed that a nodal officer be deputed to coordinate communication between the detainee and his family and to apprise them of any developments concerning his detention and legal case abroad. “Let the nodal officer provide regular updates to the petitioner and other family members,” the court ordered.

Jaitly, who was present in the court during the hearing, has approached the High Court through advocates Madhav Aggarwal and Aayush Shukla. The petition seeks the Centre’s intervention to ensure that her brother’s rights are protected in accordance with international law and conventions governing consular access.

According to the plea, Major (retd) Jaitly has been “illegally abducted and detained” in the UAE since September 6 last year. He had been residing in the country since 2016, working with the MATITI Group, a firm engaged in trading, consultancy and risk management services.

During the hearing, the counsel for the actress contended that despite repeated representations, she has been unable to establish any direct communication with her brother and has been denied even a single verified phone call for over a year. The counsel said only four consular visits had been permitted so far, despite the family’s persistent requests for assistance.

On the other hand, the counsel for the Centre submitted that the Indian authorities in the UAE have granted consular access to the detainee and are continuing to monitor the situation. The court, however, directed that additional efforts be made to facilitate communication between the detainee, his sister, and his wife.

The petition further alleges that the Ministry of External Affairs (MEA) has “failed to secure even basic information” regarding Major Jaitley’s welfare and legal status despite several appeals over the past year. It also highlights that a grievance filed by the actress on the MEA’s MADAD portal was recently transferred to the CPV Division “for closure”, even though the detainee remains in custody.

“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,” the plea states, urging the court to direct the government to ensure his medical care, legal representation and regular consular contact.