The Delhi High Court on Thursday declined to entertain a writ petition filed by a Ghaziabad-based businessman alleging negligence by the Union government that led to the death of his wife in Kathmandu during the 2025 Gen-Z protests in Nepal. The Court held that the plea involved disputed questions of fact and law which could not be adjudicated in writ proceedings and permitted the petitioner to withdraw the case with liberty to pursue other remedies.
Justice Purushaindra Kumar Kaurav observed that the petition was “incapable of being adjudicated” under writ jurisdiction as it would require examination of evidence and determination of contested facts.
The petitioner had confined the relief to a declaration that his fundamental right under Article 21 was violated and sought a direction to the Centre to frame a protocol for Indians travelling to “sensitive” countries.
The Court, however, remarked that a mere declaration of violation of fundamental rights could not be granted in isolation and must be accompanied by consequential relief.
“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 judge orally observed.
The Court also noted that the issues raised would be more appropriately examined in a public interest litigation, stating that “PIL is a better remedy for you. The court (dealing with PIL) can look into your grievance.”
In view of the Court’s observations, counsel for the petitioner withdrew the plea with liberty to take appropriate recourse in law.
The petitioner had earlier sought ₹25 crore as compensation from the Union government and ₹75 crore from Hyatt Hotels, along with the constitution of a high-level judicial commission. On Thursday, counsel stated that these prayers were not being pressed.
Petitioner Rambir Singh Gola stated that he and his wife were on a pilgrimage to Nepal in September 2025 and were staying at the Hyatt Regency, Kathmandu, when violent protests took place.
The plea alleged that despite repeated distress calls and foreseeable danger, there was no evacuation or consular intervention by the Indian Embassy or the Ministry of External Affairs, and that authorities “abdicated their constitutional duty.”
It was further alleged that the hotel management made false assurances regarding safety and failed to facilitate their evacuation.
According to the petition, on the night of September 9, 2025, a mob attacked the hotel and set parts of the building on fire. The couple allegedly attempted to escape using a makeshift rope made from bedsheets and curtains, during which the petitioner’s wife fell and died.
The petitioner had also sought a formal public apology from the authorities and the hotel.
Earlier in the proceedings, the Court had indicated that unless the reliefs were modified, it would not be able to proceed with the matter, leading to the petitioner limiting the prayer to a declaration and policy direction.
With the withdrawal of the writ petition, the petitioner has been granted liberty to pursue other legal remedies in accordance with law.
