Delhi High Court - Orders
Kamalesh Shailesh Chandra Chakrabarty vs Union Of India And Anr on 3 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:05.03.2021 10:50:58
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11632/2019 & CM APPLs.8674/2021, 8675/2021
KAMALESH SHAILESH CHANDRA
CHAKRABARTY ..... Petitioner
Through: Mr. Vikas Pahwa, Advocate.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through: Mr. Ripudaman Bhardwaj, CGSC with
Mr. Kushagra Kumar, Advocate for R-
1/UOI. (M:9818030700)
Mr. Prasanta Varma, SPP for CBI with
Ms. Hiteshi Kakkar and Mr. Amrit
Singh Khalsa, Advocates
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 03.03.2021
1. This hearing has been done through video conferencing. CM APPL.8675/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. CM APPL.8674/2021 (for release of surety)
3. The present application has been filed by the Petitioner seeking release of the FDR of Rs.1 crore and the security documents furnished by Mr. Ved Pal Chaudhary.
4. The submission of ld. Counsel for the Petitioner is that vide order dated 28th November, 2019, the Petitioner was permitted to travel to the United Kingdom, subject to the following conditions:
"Having considered the submissions made by the learned counsels for the parties and taking into account the fact that the petitioner has not been W.P.(C) 11632/2019 Page 1 of 4 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:04.03.2021 18:26 Digitally Signed By:DINESH SINGH NAYAL Signing Date:05.03.2021 10:50:58 called for investigation since June, 2018; the respondent is not in a position to state and confirm the period within which the investigation would be completed; the petitioner had complied with the conditions that were imposed vide order dated 29.05.2019; and there is no allegation that the petitioner did not present himself for further investigation thereafter, I deem it appropriate to suspend the LOC for a period till 20.01.2020 and the petitioner is allowed to travel to UK till 20.01.2020, subject to the following conditions:
(a) That the petitioner shall deposit a Fixed Deposit Receipt (FDR) in the sum of Rs.1 crore with the Registrar General of this Court as a security for his commitment to return to India on or before 20.01.2020;
(b) The petitioner shall also give an undertaking by way of an affidavit to return back to this country within the above period;
(c) The petitioner shall also give a surety bond of an equivalent amount of any one person to the satisfaction of the Registrar General of this Court;
(d) The petitioner shall inform the respondents in advance of his travel itinerary including the travel date, place of stay in UK and his contact details;
(e) The petitioner shall not apply for the citizenship of UK or any other country;
(f) The petitioner shall, immediately on return, inform the respondents and offer himself for further investigation, if required.
On the petitioner complying with the above conditions (a), (b) and (c), the respondents shall inform the Immigration Authorities of the suspension of his LOC."
5. Vide orders dated 22nd September, 2020 and 13th October, 2020, the W.P.(C) 11632/2019 Page 2 of 4 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:04.03.2021 18:26 Digitally Signed By:DINESH SINGH NAYAL Signing Date:05.03.2021 10:50:58 Petitioner was again permitted to travel to the UK, subject to the conditions mentioned in order dated 28th November, 2019 and modified by order dated 2nd December, 2019. The order dated 22nd September, 2020 was subsequently modified on 23rd December, 2020 and the Petitioner was allowed to stay in the UK and return back by 31st January, 2021. The Petitioner had, accordingly, filed an undertaking in the form of an affidavit. An FDR for Rs.1 crore was also deposited in favour of the Registrar General of this Court.
6. Post passing of the said order, the Petitioner left for the UK on 17th October, 2020 and returned to India on 30th January, 2021. The Petitioner has also sent an email on 31st January, 2021 to the Respondent, confirming his return to India. Accordingly, it is prayed that the original FDR be returned and the security documents be also released.
7. Mr. Prasanta Varma, ld. SPP appearing for the CBI submits that the Petitioner ought to undertake that he has not applied for citizenship abroad. This court notes that the Petitioner has already made a statement in paragraph 9 of the application, as under:
"9. The Petitioner submits that Petitioner has not applied for the citizenship of UK or any other country."
8. In view of the fact that the Petitioner - Mr. Kamlesh Shailesh Chandra Chakrabary, has already returned to India on 31st January, 2021, the surety amount i.e., the Original FDR bearing No.198800SU00017437 for the amount of Rs.1 crore be released to the Petitioner, along with the security documents furnished by the surety - Mr. Ved Pal Chaudhary. List before the Joint Registrar (Judicial) on 15th March, 2021 to do the needful.
9. Mr. Prasanta Varma, ld. SPP expresses an apprehension that the W.P.(C) 11632/2019 Page 3 of 4 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:04.03.2021 18:26 Digitally Signed By:DINESH SINGH NAYAL Signing Date:05.03.2021 10:50:58 Petitioner may have applied for naturalisation and for a work permit in the UK. He is permitted to place an application on record an affidavit with the relevant facts so that the same can be considered on the next occasion when the Petitioner seeks permission to travel abroad.
10. Application is disposed of in the above terms. W.P.(C) 11632/2019
11. List for final disposal on 28th July, 2021.
PRATHIBA M. SINGH, J.
MARCH 3, 2021 dk/T W.P.(C) 11632/2019 Page 4 of 4 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:04.03.2021 18:26