New Delhi, Feb 26 The Delhi High Court on Thursday refused to entertain a petition by a Ghaziabad-based businessman alleging negligence by the central government which resulted in the death of his wife in Kathmandu during last year's Gen-Z protests in Nepal.
Petitioner Rambir Singh Gola's counsel said she was restricting the relief in the petition to seeking a "declaration" from the court on the violation of his fundamental right under Article 21 of the Constitution and a direction for formulation of an appropriate protocol by the Centre for Indians travelling to "sensitive" nations.
Justice Purushaindra Kumar Kaurav, however, said the petition was "incapable of being adjudicated" by the court in a writ proceeding as it would require a decision on disputed questions of facts and law, and asked the petitioner to avail other legal remedies.
Gola's counsel contended that the petition raised a "serious issue" and there was material to show that the authorities abandoned Indian citizens.
"For that, don't you think evidence is required? They are fully incapable of being adjudicated by the high court.. Mere declaration that the fundamental right is violated is not the sole relief. It must entail some consequential relief," the court orally said.
The judge further remarked that he sympathized with the petitioner and suggested that he raise the issue of assistance for Indian citizens in foreign countries in a "larger public interest".
"PIL is a better remedy for you. The court (dealing with PIL) can look into your grievance," the court stated.
In view of the court's view, the petitioner's counsel withdrew the petition with liberty to take appropriate recourse in law.
In the petition, Gola also sought Rs 25 crore and Rs 75 crore as compensation from the central government and Hyatt hotels, respectively, for the "tragic and avoidable" death of his wife on September 9, 2025. He also sought the constitution of a "high-level" judicial commission to look into the incident.
On Thursday, his counsel, however, said he was not inclined to press these prayers.
Earlier this month, the court had told the petitioner that unless the prayers in his plea were "modified", it would not be able to proceed with the case.
Gola was on a pilgrimage to Nepal with his wife and staying at the Hyatt Regency in Kathmandu in September 2025.
The plea alleged that in spite of repeated distress calls and foreseeable danger, there was no evacuation or consular intervention by the Indian Embassy or the Ministry of External Affairs.
The authorities, the plea said, abdicated their constitutional duty and left the petitioner "orphaned in a foreign land".
The petition also claimed that instead of providing an honest risk assessment and facilitating their safe departure, the hotel management indulged in "willful misrepresentation, fraud, and gross negligence".
"Contrary to all assurances and representations, on the night of September 9, 2025, a violent mob attacked the Hyatt Regency Kathmandu, setting parts of the building ablaze... Left with no alternative between burning alive and attempting a desperate escape, the petitioner and his wife fashioned a makeshift rope by tying together bedsheets and curtains-- a pathetic testament to their utterly abandoned state. During the perilous descent, the makeshift rope either gave way or Smt. Rajesh Gola lost her grip," the petition said.
It had also sought a formal, public apology from the authorities and Hyatt hotels.
