Delhi High Court - Orders
Pawanjot Kaur Sawhney vs Bureau Of Immigration & Anr on 27 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~3&4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13057/2022 and CM APPL. 42525/2022, 49658/2022,
4319/2023, 13439/2023
PAWANJOT KAUR SAWHNEY ..... Petitioner
Through: Mr. Mohit Mahur, Sr Adv. with Mr.
Gaurav Varma, Mr Deepanshu
Sakarwal, Advocates with Mr Rohit
Jain (AR in person).
versus
BUREAU OF IMMIGRATION & ANR. ..... Respondents
Through: Mr. Anil Soni (CGSC) with Mr. Gokul
(GP) for UOI.
Mr. Anurag Ahluwalia alongwith Mr.
Kaushal Jeet Kait, Mr. Shriram
Tiwary, Mr. Salman Razi, Advocates
for SFIO & UOI.
AND
+ W.P.(C) 14757/2022 and CM APPL. 45379/2022, 49659/2022,
13475/2023
PAWANJOT KAUR SAWHNEY ..... Petitioner
Through: Mr. Mohit Mahur, Sr Adv. with Mr.
Gaurav Varma, Mr Deepanshu
Sakarwal, Advocates with Mr Rohit
Jain (AR in person).
versus
BUREAU OF IMMIGRATION & ORS. ..... Respondents
Through: Mr. Anil Soni (CGSC) with Mr. Gokul
(GP) for UOI.
Mr. Anurag Ahluwalia alongwith Mr.
Kaushal Jeet Kait, Mr. Shriram
Tiwary, Mr. Salman Razi, Advocates
for SFIO & UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 27.03.2023
1. This hearing has been done through hybrid mode.
Signature Not Verified Digitally Signed By:RAHUL Signing Date:28.03.2023 19:52:132. These writ petitions have been filed on behalf of the Petitioner seeking quashing of the Look Out Circular ('LOC') issued by the Serious Fraud Investigation Office ('SFIO') and issuance of writ/direction to Respondents for furnishing the reasons for denying permission to the Petitioner to travel outside India.
3. These matters are listed for consideration today. A perusal of the order dated 13th December, 2022 shows that the matter was to be reconsidered subject to the Petitioner's cooperation with the SFIO. The said order is as follows:
"14. It is noted by the Court that the Petitioner had agreed to extend her cooperation in the investigation, however, as per her statements which have been placed on record, which have been shown to the Court, she claims to have no knowledge of the businesses of the aforementioned companies. Her husband having passed away, the records and other details of the companies are obviously with the Petitioner and her son.
15. On being queried by the Court, the ld. Counsel for the Petitioner is unwilling to disclose the whereabouts of the Petitioner's son, where is he engaged currently and what kind of business he is involved in. Moreover, as per the statements on record, the Petitioner is refusing to provide bank account statements of her own bank accounts beyond the two year period. Conclusion
16. As per the facts of this matter as also the statements made by the Petitioner to the authorities, it is clear that there is non-cooperation by the Petitioner. Under these circumstances, at this stage, the Court is not inclined to let the Petitioner travel abroad. However, over the next two months, if the Petitioner fully cooperates Signature Not Verified Digitally Signed By:RAHUL Signing Date:28.03.2023 19:52:13 with the SFIO, the Court is willing to reconsider the issue."
4. Subsequently, this order was challenged before the ld. Division Bench and the said appeals have been withdrawn as in recorded in the order dated 17th January 2023 in LPA 34/2023 & LPA 35/2023.
5. Today, it is submitted by Mr. Mathur, ld. Senior Counsel that the bank statements have all been given and the Petitioner has been cooperating with the investigation. Due to the the Petitioner's medical condition, she wishes to travel back to the U.K. and also avail medical treatment there. As to the whereabouts of the Petitioner's son, it is submitted that the Petitioner is not regularly in touch with the son or his spouse.
6. The statement which was recorded on 13th March, 2023 before the Respondent No. 3-SFIO has been placed before the Court, which shows that certain assets of the Petitioner have been attached by lenders.
7. Accordingly let an affidavit be filed by the Petitioner, detailing as to what are the immovable assets both in India and in the U.K including on an individual basis and of the companies. The details of the lenders who have attached the Petitioner's properties shall also be given, including the details of the loans which were availed of by the Petitioner or the companies which are under investigation qua the Petitioner, by the Respondent No. 3-SFIO.
8. On behalf of the Respondents, a detailed statement shall be placed on record, giving the details of the banks qua the Petitioner's companies under investigation and their debt exposure, being the basic reason for the Respondent No.3-SFIO investigation in the present case. The debt exposure of the companies with respect to the Petitioner shall be divided into principal and interest. Let the said affidavits on behalf of Respondent No. 3- SFIO be Signature Not Verified Digitally Signed By:RAHUL Signing Date:28.03.2023 19:52:13 filed within a period of two weeks. In the meantime, if any further information is required from the Petitioner, Respondent No.3- SFIO is free to record her statement, either in the hospital or any other comfortable atmosphere where the Petitioner's medical condition can be monitored.
9. At this juncture, Mr. Ahluwalia, ld. CGSC submits that the bank statements of the foreign bank accounts of the Petitioner have not been disclosed fully even till date especially in respect of the period of investigation. Considering the same, it is open to the Petitioner to obtain the said bank statement and submit the same to the Respondent.
10. Respondent No.3- SFIO shall file an affidavit detailing the shareholders and directors in all the companies which are being investigated by Respondent No. 3-SFIO from time to time, and also state as to what action has been taken against the said individuals.
11. The sealed cover which has been shown to the Court, consisting of documents relating to the SFIO's investigation, is returned to the Respondent.
12. List on 15th May, 2023.
PRATHIBA M. SINGH, J.
MARCH 27, 2023 Rahul/DN Signature Not Verified Digitally Signed By:RAHUL Signing Date:28.03.2023 19:52:13