Delhi High Court - Orders
Malvinder Mohan Singh vs Union Of India & Anr on 4 September, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~121 & 122
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10723/2025
MALVINDER MOHAN SINGH .....Petitioner
Through: Mr. Sourabh Kirpal, Sr. Adv., Mr.
Arshdeep Singh Khurana, Ms. Neeha
Nagpal, Mr. Vishvendra Tomar, Mr.
Sulakshan V., Ms. Simran Khurana,
Ms. Nishtha Juneja and Mr. Junaid
Amir, Advs.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Mr. Rohan Jaitley, CGSC, Mr. Dev
Pratap Shahi, Mr. Varun Pratap
Singh, Mr. Yogya Bhatia, Advs. and
Mr. Anubhav Singh, SFIO
Prosecutor.
Mr. Santosh Kumar Rout, SC for R-2.
122
+ W.P.(C) 12806/2025 and CM APPL.52290/2025
MALVINDER MOHAN SINGH .....Petitioner
Through: Mr. Saurabh Kirpal, Sr. Adv., Mr.
Arshdeep Singh Khurana, Ms. Neeha
Nagpal, Mr. Vishwendra Tomar, Mr.
Sulakshan V., Ms. Simran Khurana
and Mr. Junaid, Advs.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Rohan Jaitley, CGSC, Mr. Dev
Pratap Shahi, Mr. Varun Pratap
Singh, Mr. Yogya Bhatia, Advs. and
Mr. Anubhav Singh, SFIO.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 04.09.2025 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13
1. The petitioner in the present proceedings is seeking permission to travel between 30.08.2025 and 20.09.2025 to London and St. Andrews Town in Scotland, United Kingdom for the purpose of accompanying and settling his daughter (Ms. Nandini Parvinder Singh), who has secured admission at the University of St. Andrews, Scotland, UK.
2. During the course of hearing, learned senior counsel submits that the finalised itinerary for the visit, will be placed on record on affidavit before undertaking the travel. Certain LoC/s have been issued against the petitioner in relation to (i) FIR/s registered by the Economic Offences Wing (EOW); (ii) an ECIR registered by the Directorate of Enforcement and (iii) investigation being conducted by the Serious Fraud Investigation Office (SFIO).
3. The petitioner had previously preferred W.P.(C) 9012/2025 before this Court, and pursuant to order dated 04.07.2025 therein, it transpired that three Lookout Circulars (LoCs) have been issued against the petitioner at the behest of the Union Bank of India, Enforcement Directorate and SFIO respectively.
4. The petitioner in the present proceedings seeks temporary suspension of LoCs issued at the behest of the Union Bank of India [respondent no.2 in W.P.(C) 10723/2025] and SFIO [respondent no.3 in W.P(C) 12806/2025].
5. It is submitted by the learned senior counsel on behalf of the petitioner that the sole reason for issuance of the LoC by the Union Bank of India against the petitioner is in relation to certain financial default/s viz. banking transactions and facilities availed by the RHC Holding Ltd., an entity with which the petitioner was associated as a Director and Promoter.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13 Further, LoC has been issued at the behest of SFIO purportedly under the provisions of the Office Memorandums 1 issued by the Union of India, in relation to an ongoing investigation into M/s Religare Enterprise Ltd. (REL) under Section 212 of the Companies Act, 2013 vide Order No.3/107/2018- CL II (NR) dated 17.02.2018.
6. It is contended that there is no basis for issuance of the LoCs inasmuch as there neither exists any Non Bailable Warrant/s against the petitioner in relation to the FIRs/ECIR filed against him nor has the petitioner evaded arrest or refused to cooperate with investigation conducted by the concerned authorities. Therefore, curtailing the right of petitioner to travel abroad in absence of any cogent rationale, is violative of the Fundamental Rights of the petitioner enshrined under Article 14, 19 and 21 of the Constitution of India. To assail the LoC issued by the Union Bank of India [ in W.P.(C) 10723/2025], the petitioner has placed reliance on the judgment passed by a Division Bench of the Bombay High Court in Viraj Chetan Shah vs Union of India and Anr, 2024: BHCOS:6678-DB.
7. Vide an affidavit dated 19.08.2025 [in W.P(C) 10723/2025], the petitioner has placed on record the orders, whereby various other courts have granted him permission to undertake the proposed travel. Further, during the course of proceedings, a table setting out details of the aforementioned orders has been handed over. The same reads as under:
1Office Memorandum dated 27.10.2010 bearing no. 25016/31/2010-Imm; Office Memorandum dated 05.12.2017 bearing no. 25016/10/2017-Imm[Pt.]; Office Memorandum dated 19.07.2018 bearing no. 25016/10/2017-Imm [Pt]; Office Memorandum dated 12.10.2018 bearing no. 25016/10/2017-Imm [Pt]; Office Memorandum dated 22.02.2021 bearing no. F. NO. 25016/10/2017-IMM This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13
8. A perusal of the aforesaid table inter-alia reveals that the LoC issued against the petitioner at the behest of Enforcement Directorate in relation to ECIR/DLZO-II/05/2019 has been temporarily suspended for a period between 30.08.2025 and 20.09.2025 vide an order dated 04.08.2025, passed This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13 by the Court of Additional Sessions Judge-02, South East District, Saket Courts, New Delhi.
9. It is also pointed out that the prayer for temporary suspension of the LoC issued by SFIO, which is subject-matter of the present application [i.e., CM APPL.52290/2025 in W.P.(C) 12806/2025] was earlier sought before the Court of the ASJ-03 and Special Judge (Companies Act), Dwarka Courts, Delhi. The same was dismissed vide an order dated 21.08.2025.
10. It is contended by the learned senior counsel on behalf of the petitioner that the aforesaid dismissal vide order dated 21.08.2025 has no bearing on the present application inasmuch the said court had no jurisdiction to adjudicate the prayers sought therein as no complaint case/proceedings arraigning the petitioner as an accused has been filed by SFIO till date before the said trial court. It is further submitted that the application filed before the said Trial Court was merely an anticipatory advisory jurisdiction undertaken by the petitioner.
11. Learned counsel on behalf of the respondents have vehemently opposed the W.P(C) 10723/2025 and CM APPL.52290/2025 in W.P.(C) 12806/2025; it is urged that even if this Court is inclined to grant permission to the petitioner to undertake the proposed travel, the same be subject to strenuous pre-conditions.
12. During the course of hearing, learned senior counsel on behalf of the petitioner has handed over a list of properties owned by family of his wife (in-laws and brother-in-law) stated to be valued at Rs.50,30,06,400/-. The said properties are offered as a security/ pre-condition for allowing the petitioner to travel abroad. It is submitted that the petitioner has arranged the following to satisfy this Court as to his bonafides:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13 "i. The Petitioner's wife is ready to deposit her passport and will give an undertaking that she will not travel during the period which the Petitioner travels ii. M/s Barchem (a partnership firm) is ready to provide property being Plot No GLP-26, Ugyog Vihar, Sector-18, 11, Gurgaon (Haryana) admeasuring approx. 2332.20 sq yard. [Valued at INR 11,44,50,000] iii Jaivir Singh (Brother in law of the Petitioner) is ready to provide his immovable property beating Khasra no. 49/12, 49/13/3/2, 4/181, 49/19/1 All min, Khata Khatani no 150/198, Simated at Rakba Vin Khankot near Garden Enclave. Bye pass Road, Tehsil & Distt. Amritsar admeasuring approx. 7300 sq. yards-15 acres. [Valued at INR 13,17.56.400/-] iv. Mrs. Sunit H Singh (Mother-in-law of the Petitioner) is ready to provide her residential property being Apartment No TG2B/2, Garden Extme, OLF Phase-3 Sector-24, Gurgaon-122022 admeasuring approx. 1960 sq feet. [Valued at INR 5,68,00,000.00] Thus, the total value of the properties is stated to be INR 50,30,06,400/"
13. It is further submitted that family of the petitioner, including his wife, mother and children reside in India and he has deep roots in the society, therefore there is no likelihood of the petitioner being a flight risk or evading investigation/s.
14. Attention is also drawn to an affidavit dated 12.08.2025 filed on behalf of Mrs. Japna Malvinder Singh i.e., wife of the applicant/petitioner in W.P(C) 12806/2025, whereby, it is stated that due to health constraints, she cannot travel abroad and therefore, onus falls completely on the applicant/petitioner to accompany their daughter and help her settle abroad. The said affidavit reads as under:-
"1. That I am the wife of the Applicant - Mr Malvinder Mohan Singh and as such fully competent to swear the present affidavit. The captioned application has been filed by Mr Malvinder Mohan Singh seeking permission to travel to the United Kingdom between 30.08.2025 and 20.09.2025. The purpose of travel is to help our daughter Ms Nandini Parvinder Singh settled into University. Nandini has been secured This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13 admission for her Undergraduate Degree at the University of St Andrews. Scotland, United Kingdom.
2. I am unable to travel on account my medical concerns and constraints. I am severely diabetic with uncontrolled blood sugars. I also suffer from hypertension. I suffered from a serious attack of pneumonia a few months ago, which has weakened my condition. Further, I have been advised to have cataract surgeries for both my eyes forthwith and cannot delay the same especially in light of my uncontrolled blood sugars. Before I am operated, I have been advised to get my blood sugars in some degree of control. Hence, I have been advised constant monitoring and to avoid any kind of physical strain and stress. It is for these reasons; I am unable to travel to the United Kingdom to settle our daughter Ms Nandini Parvinder Singh into University.
3. In light of the above, the onus falls completely on Mr Malvinder Mohan Singh as the father- to settle our daughter Ms Nandini Parvinder Singh into University. Going to University and settling in is a huge moment in a child's life, especially doing so abroad. Various formalities need to be completed and overseen, thus, making the presence of the atleast one parent essential through the process.
4. Therefore, I am ready and willing to surrender my passport with this Hon'ble Court and undertake not to travel abroad during the period i.e. 30.08.2025 and 20.09.2025 that Mr Malvinder Mohan Singh is travelling to the United Kingdom for the above-said purpose."
15. It is further submitted that during the course of investigation, the petitioner cooperated and joined in the investigation as and when required and got his statements recorded on 24.04.2019, 26.06.2023, 27.06.2023, 07.07.2023, 12.07.2023, 13.02.2024, 21.03.2024, and 22.03.2024. The petitioner provided all the necessary information and documents as sought by SFIO. Apart from this, the petitioner was interrogated by SFIO in the year 2020-21 on multiple occasions while he was in Judicial Custody in relation to the ED Matter [arising from the predicate offence being FIR No 50 of 2019] in Central Prisons, Tihar, Delhi.
16. Facts and circumstances reveal that the petitioner has neither This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13 hampered nor evaded the investigation/s till date. Further, to prove his bonafides, as a pre-condition, undertakes to furnish security in the form of title documents of immovable properties, as referred to aforesaid. Moreover, the petitioner has been granted permission to travel by various courts, as set out in the table referred above in paragraph 7.
17. A coordinate Bench of this Court in Atul Punj vs. Union of India & Ors., 2025 SCC OnLine Del 18 has observed that "mere inability to repay loans, absent any criminal wrongdoing or material to show or squandering or siphoning off public money, cannot justify curtailing an individual's right to travel, as guaranteed under Article 21 of the Constitution of India." The aforesaid judgment has also been affirmed by the Division Bench of this Court in LPA 77/2025 vide order dated 31.01.2025. The relevant portion of Atul Punj vs. Union of India & Ors (supra) reads as under:
"5. A look out circular serves as a preventive measure to restrict an individual from leaving the country, particularly when there are reasonable grounds to believe that such departure may hinder legal proceedings or jeopardise investigations into serious transgressions. While the issuance of an look out circular aims to safeguard the interests of justice, it must be reconciled with the constitutional guarantees of personal liberty. The right to travel abroad has been recognised as an integral aspect of the right to life and personal liberty enshrined under article 21 of the Constitution of India. This principle was firmly established in the landmark judgments of Maneka Gandhi v. Union of India21 and Satwant Singh Sawhney v. D.Ramarathnam, Assistant Passport Officer22 where the Supreme Court held that restrictions on such a right must be just, fair and reasonable, adhering to the requirements of procedural due process.
xxx xxx xxx
27. The right to travel abroad, being an essential component of the right to personal liberty under article 21 of the Constitution, cannot be curtailed arbitrarily or indefinitely. Restrictions such as an look out circular must pass the test of proportionality and necessity, ensuring that they are imposed only when supported by credible material. In the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13 present case, while the State's interest in investigating allegations of financial impropriety is undeniable, this court finds that the absence of tangible material on record of the petitioner's intent to abscond or tamper with the investigation tilts the balance in favour of permitting conditional travel.
28. The look out circular against the petitioner is primarily stemming from the financial defaults of the company for which the petitioner served as director. In the absence of conclusive findings after five years of investigation and with the petitioner's continued co-operation, the prolonged restrictions on his right to travel cannot be justified. Furthermore, the petitioner has expressed his willingness to furnish security to mitigate flight risk. However, keeping in mind the nature of allegations levelled against the petitioner, in the opinion of the court, blanket quashing of the look out circular at this stage would be premature. Therefore, in order to balance the petitioner's right to travel abroad and the State's interest in ensuring his availability for investigation, this court is inclined to permit the suspension of look out circular against the petitioner by the respondents to allow him to travel to the United Kingdom for a period of 15 days commencing from February 1, 2025, i.e., till February 15, 2025, subject to following conditions:...."
18. Considering the dicta laid down by the Bombay High Court in Viraj Chetan Shah vs Union of India and Anr (supra) and this Court in Atul Punj vs. Union of India & Ors (supra) and the aforesaid aspects, the petitioner is permitted to undertake the travel between 30.08.2025 and 20.09.2025 to London and St. Andrews Town in Scotland, United Kingdom, subject to the following conditions: -
i. The original title deeds of the following properties shall be deposited by the family members of the petitioner as security for the petitioner's travel:
a) Property bearing khasra no. 49//12, 49//13/3/2, 49//18/1, 49//19/1 All min, Khata Khatoni no. 150/198, situated at Rakba Viii Khankot near Garden Enclave, Bypass Road, Tehsil & Distt. Amritsar admeasuring approx.7300 sq. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13 yards~1.5 acres owned by the brother-in-law of petitioner (Mr. Jaivir Singh);
b) Residential property being Apartment No. TG2B/2, Garden Estate, DLF Phase-3, Sector-24, Gurgaon-
122022 owned by the mother-in-law of the petitioner(Mrs. Sunit H Singh) and;
c) plot no. G.P-26, Udyog Vihar, Sector-18, I.E., Gurgaon (Haryana) admeasuring approximately 2332.20 sq. yard owned by a partnership firm known as M/s Barchem.
ii. The security shall be accompanied by an undertaking submitted by the brother-in-law and mother-in-law of the petitioner, and partners of M/s Barchem, that there is no objection to the aforementioned property being forfeited in the event of the petitioner violating any of the conditions imposed on the petitioner hereunder, as a pre-condition to travel. In the said undertaking it shall also specifically be undertaken that the said properties shall not be alienated or mortgaged without permission of this Court, subject to further orders; iii. The petitioner shall deposit the passport of his wife i.e., Mrs. Japna Malvinder Singh with the Registrar General of this Court;
iv. The petitioner shall file a detailed affidavit disclosing his complete itinerary, including his stay at various locations abroad as well as telephone numbers and residential/ hotel addresses. He shall also file an undertaking that he shall strictly adhere to the itinerary mentioned in the affidavit and not visit This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13 any other stations. He shall also furnish a copy of the air tickets purchased by him before the Registrar General v. The petitioner shall file an undertaking before the Registrar General that he shall return to the country on or before 20.09.2025. The petitioner shall intimate the Registrar General before leaving as well as within 72 hours of his return from abroad.
vi. The petitioner shall also provide contact numbers where he shall be available during his stay abroad and at least one of the said contact numbers shall be kept operational at all times, subject to all fair exceptions, including the period he is on board the aircraft.
vii. The petitioner shall file a self-attested copy of his passport to the Court, along with a copy of the visa, on his return to India.
16. The permission to travel abroad given in this order shall be subject to other applicable conditions, and will not be deemed as a direction to any other authority/court. In case of any of afore-noted conditions are violated, the security shall be forfeited. The same shall also be treated as egregious and wilful disobedience of the order/s passed by this Court
17. Accordingly, W.P(C) 10723/2025 and CM APPL.52290/2025 in W.P.(C) 12806/2025 are disposed of in the above terms.
18. Let a copy of this order be mailed/communicated by the Registry of this Court to the FRRO Delhi, East Block 8, Level 2, Sector 1. R.K Puram, New Delhi ([email protected]) and Bureau of Immigration ([email protected]).
19. List before the Joint Registrar (Judicial) on 08.09.2025 for verification of documents.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13 W.P.(C) 12806/2025
20. List before the Court on 17.01.2026 SACHIN DATTA, J SEPTEMBER 4, 2025/sl This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 22:57:13