Court Refuses to Entertain Writ Petition
The Delhi High Court on Thursday declined to entertain a writ petition filed by a husband seeking ₹100 crore compensation in connection with the death of his wife during violent civil unrest in Kathmandu, Nepal, in September 2025.
Justice Purushaindra Kumar Kaurav held that the reliefs sought were not suitable for adjudication under writ jurisdiction. The Court advised the petitioner to pursue remedies available under law. It also indicated that the petitioner could consider filing a public interest litigation, if so advised.
Limited Relief Still Not Maintainable
During the hearing, counsel for the petitioner submitted that the plea was confined to a declaration of violation of the petitioner’s fundamental right under Article 21 of the Constitution. He also sought a direction to the Union Government to frame a protocol for Indian citizens travelling to conflict-prone or sensitive countries.
However, the Court held that even the narrowed relief could not be examined in writ proceedings. The petition was thereafter withdrawn with liberty to avail appropriate legal remedies.
Allegations Against State Authorities And Hotel
The petition was filed by Rambir Singh Gola against the Union of India, the Indian Embassy in Nepal, and Hyatt India Consulting Private Limited. It alleged gross negligence, constitutional failure, and abandonment of duty leading to the death of his wife, Late Rajesh Gola.
The petitioner sought compensation of up to ₹100 crore jointly from the State authorities and the hotel entity. He also sought a judicial inquiry and directions for systemic reforms in India’s consular crisis-response framework for citizens travelling abroad.
Events Leading To The Incident
According to the pleadings, the couple travelled to Nepal on September 7, 2025, for a religious pilgrimage to the Pashupatinath Temple. They were staying at the Hyatt Regency Kathmandu.
Large-scale political protests and violent disturbances allegedly erupted across Kathmandu during their stay. The petition claimed that despite repeated safety concerns, hotel authorities assured the couple that the premises were secure. They allegedly advised the couple to move to a higher floor, stating that it would be safer.
Alleged Failure Of Safety Measures
The plea alleged that on the night of September 9, 2025, a violent mob attacked the hotel and set parts of it on fire. It claimed that no fire alarms were activated and no evacuation protocol was implemented.
The petition further alleged that hotel staff abandoned the premises. Instead of facilitating evacuation, staff allegedly advised trapped guests to jump from upper floors.
Fatal Incident And Consular Lapses Alleged
As per the petitioner, he and his wife attempted to escape the fire using makeshift ropes. During the attempt, his wife fell from the fourth floor and sustained fatal injuries.
The petition also accused the Indian Embassy in Kathmandu and the Ministry of External Affairs of failing to respond to repeated distress calls. It alleged that no emergency assistance, evacuation, or consular intervention was provided to Indian nationals during the crisis.
Article 21 Violation Claimed
The plea contended that these omissions amounted to a violation of the fundamental right to life under Article 21 of the Constitution of India. It further alleged that the hotel’s assurances of safety, failure to activate emergency systems, and abandonment of guests directly contributed to the fatal incident.
Case Title: Rambir Singh Gola v. Union of India & Ors.
