Delhi High Court Orders Legal Aid For Celina Jaitley's Brother In UAE

New Delhi: The Delhi High Court on Tuesday directed the Ministry of External Affairs (MEA) to issue an order to a legal firm, Al Maree Partners, to represent Celina Jaitly's brother, Major (retd.) Vikrant Jaitly in Dubai and Abu Dhabi. The law firm is ready to handle the matter free of cost. Justice Purushaindra Kumar Kaurav issued the direction on the petition of Bollywood actor Celina Jaitly. The High Court said that if there impedes issuing the order, mention it in an affidavit. The next date is February 10.

Her brother has been detained in the UAE for the last 18 months. The name of the firm was suggested by her counsel, Raghav Kacker, assisted by Advocates Madhav Agrawal and Suradhish Vats. It was submitted that the legal firm is willing to represent Major (Retd.) Vikrant Jaitly is provided free of charge (pro bono). They have obtained the details of the case independently.

The submissions were opposed by the counsel for the MEA. It was stated that the firm's name is included in the list of four legal firms suggested by Vikrant Jaitly. It was also stated that Vikrant Jaitly told embassy officials that the decision to engage a legal firm would be made by his wife, Charu Jaitly.
Her counsel opposed and argued that the respondents are suppressing the fact that transpired in the email. He doesn't want to talk to his wife, Celina's counsel submitted.

The court said that the firm is willing to represent him without any expenses. “What is the impediment if the name is suggested by his father, mother or sister?” The Delhi High Court on January 29 permitted Celina Jaitly to file an additional affidavit in response to the status report filed by the Central government. She urged the filing of an additional affidavit to place on record certain new facts in the petition concerning her brother, who is detained in the UAE. Her brother, Vikrant Jaitly, is a retired major in the Indian Army.

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.

Accepting the request, the Court had directed that the Indian Consulate shall provide a list of locally accredited lawyers or law firms who can represent the detained person, should he choose to avail such services. The Court had clarified that engagement of any lawyer or law firm would be subject to the detained person or his family bearing the costs, and this condition must be clearly communicated to him.

Justice Datta had further observed that if any lawyer or law firm is willing to waive professional charges, the same should also be conveyed to Major Jaitly, enabling him to make an informed choice. The Court added that the specific name of the lawyer or law firm must be communicated to him. 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. 

Jaitly had approached the Court seeking effective legal assistance, along with regular updates on her brother's welfare and legal status. The Court had previously ordered the appointment of a nodal officer and directed that regular updates be shared with the family, while also ensuring continued consular access and facilitating communication between the detainee, his sister and his wife.

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