The Delhi high court has refused to grant visiting rights to Jaya Jaitley, close friend and political colleague of former defence minister George Fernandes, to meet the ailing minister in his house.
Justice Manmohan Singh, in his order passed on April 13, said: “She is neither a proper nor a necessary party to the present suit and she is not in a relation with George Fernandes as that of the plaintiffs (brothers of Fernandes). I am of the considered view that the visiting rights also cannot be granted under the above-mentioned circumstances.”
The high court’s order came on the application filed by Jaitley, claiming that she is a confidante of George Fernandes for more than 30 years.
Seeking permission of getting visiting rights apart from Fernandes wife and son, who are presently taking care of him, Jaitley through her application said that she was managing and organizing his political work to the necessary extent as well as taking care of his domestic needs and medical treatment, so visiting rights be granted to her.
Dismissing the application of Jaitley, Justice Singh said: “A person in order to implead himself as a party must have some legal interest in the issue, not merely a sentimental grievance or commercial interest or the interest which is based on other political consideration. Applying the said ratio to the present case, it cannot be said that the applicant who is merely showing an interest based on herself being an acquaintance with him in the past in order to join in the proceedings will confer any interest in the law to make her as proper or necessary party to the proceedings.”
“This court is conscious that there are human rights which are required to be respected. But this court cannot be unmindful of the fact that the present case is a civil suit based on the legal rights of the parties and their entitlement to the relief is based on the legal rights and not on sentimental grievance.”
Jaitley had moved the court by filing an intervening application in an ongoing case, filed by Fernandes’ brothers, and requested the court to grant her visiting rights to visit the ailing Fernandes.
Fernandes brothers — Richard, Michael, Aloysious and Paul — are fighting a legal battle for getting the custody of their brother alleging that the former minister, who is suffering from Alzheimer’s disease, was not being properly treated by his wife.