New Delhi, February 26 The Delhi High Court on Thursday refused to entertain a petition by a businessman from Ghaziabad, who alleged negligence by the central government, resulting in the death of his wife in Kathmandu during the Gen-Z protests in Nepal last year.
The petitioner, Rambir Singh Gola's counsel, said she was seeking only a "declaration" from the court on the violation of his fundamental right under Article 21 of the Constitution and a direction for the Centre to formulate an appropriate protocol for Indians travelling to "sensitive" nations.
However, Justice Purushaindra Kumar Kaurav said the petition was "unsuitable for adjudication" by the court in a writ proceeding, as it would require a decision on disputed questions of fact and law, and advised the petitioner to avail other legal remedies.
Gola's counsel argued that the petition raised a "serious issue" and there was evidence to show that the authorities had abandoned Indian citizens.
"Don't you think evidence is required? The high court is simply not capable of adjudicating this case. A mere declaration that the fundamental right is violated is not sufficient. There must be 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".
"A public interest litigation (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 despite 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.
