Delhi High Court - Orders
Brig Anurag Khanna vs Union Of India And Ors on 14 August, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9598/2023, CM APPL. 55250/2024, CM APPL. 43993/2024
BRIG ANURAG KHANNA .....Petitioner
Through: Mr. Sanjiv Sen, Sr. Adv. alongwith
Col. Mukul Dev, Mr. Akshay
Bhandari, Mr. Ankit Rana and Mr.
Prahlad Balaji, Advocates.
versus
UNION OF INDIA AND ORS. .....Respondent
Through: Major Anish Muralidhar (Army)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 14.08.2025 CM APPL. 38495/2025 -( Seeking Permission to Travel Abroad)
1. The present application has been filed by the applicant/petitioner seeking permission to travel to Canada for personal purposes.
2. During the course of hearing, learned senior counsel submits that the petitioner is willing to undertake the proposed travel as and when permission is granted by this Court and for the said purpose undertakes to furnish a detailed affidavit setting out the itinerary, before the Registrar General of this Court.
3. The present petition has been filed in the backdrop of a Lookout Circular dated 02.03.2022 issued by the respondent no.4/ Commandant, Jammu & Kashmir Rifles Regimental Centre against the applicant/petitioner.
4. The applicant/petitioner a doctor by profession was commissioned in the Army Medical Corps on 20.12.1984 and upon attaining the age of superannuation, retired as a Brigadier on 30.11.2021.
This is a digitally signed order.
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5. The background of the matter is that upon receiving an anonymous complainant alleging irregularities/discrepancies in Medical Stores of the Base Hospital, Lucknow, an investigation came to be initiated by the concerned authorities. The alleged discrepancies/irregularities were reported for a period during which the petitioner was posted as a Commandant of Armed Forces Medical Stores Depot (AFMSD) Lucknow.
6. Subsequent to the investigation/s undertaken by the competent authorities, a tentative chargesheet dated 12.07.2019 was issued under section 52(f) of the Army Act, 1950 against the petitioner and several other officers. Thereafter, pursuant to recording of Summary of Evidence and Additional Summary of Evidence, the respondents issued a Show Cause Notice dated 16.10.2021 against the petitioner, whereby explanation was sought for lapses recorded in the tentative chargesheet. The allegations levied in the said Show Cause Notice were vehemently opposed by the petitioner vide reply dated 27.10.2021.
7. Since the petitioner retired while the proceedings were pending before the competent authorities, a letter dated 29.12.2021 came to be issued to the petitioner by the respondents, intimating invocation of section 123 of the Army Act, 1950 and a direction that the petitioner has been attached with J&K Rifles Regimental Centre for further disciplinary action i.e., General Court Martial proceedings.
8. Vide letter dated 05.01.2022, the petitioner intimated the respondents that a Show Cause Notice dated 16.10.2021 has already been issued against the petitioner and therefore the issue should be reconciled.
9. Further, against the said order, the applicant/ petitioner preferred O.A No.89/2022 before the Armed Force Tribunal, Principal Bench, Delhi seeking 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 19/08/2025 at 22:02:10 to quash and stay the trial by General Court Martial inter-alia alleging the same to be barred by the period of limitation under Section 122 of the Army Act, 1950. However, vide order dated 03.02.2022, the Tribunal directed the petitioner to seek the plea of limitation and any other legal infirmity before the General Court Martial. Further, petitioner's prayer for grant of leave to appeal was also dismissed.
10. Aggrieved, the petitioner preferred W.P.(C) 9528/2022 before this Court. Vide order dated 17.06.2022, a Division Bench of this Court deferred the assembly of the General Court Martial and directed that no coercive steps shall be taken against the petitioner or any of his family members till the next date of hearing. The relevant portion of the said order reads as under:-
"10. In our view, the legal issues raised in the present petition require consideration, particularly, in view of the fact that different GCMs convened with respect to the co-accused have rendered different findings with respect to the limitation period, provided under Section 122 of the Act, for initiating disciplinary proceedings.
11. Since the GCM in respect of the Petitioner is assembling on 20.06.2022 and the issues raised in the petition need consideration, we deem it appropriate to direct the Respondents to defer the assembly of the GCM till the next date of hearing. This should, however, not be construed to mean that the Court has, at this stage, taken a view that the disciplinary proceedings are time barred and are required to be quashed or stayed. The order is being passed only in light of the fact that Members of the GCM are Senior Officers, who would be required to travel from different places and should not be unnecessarily inconvenienced.
12. It is further directed that till the next date of hearing, no coercive steps shall be taken against the Petitioner or any of his family members."
11. Further, considering that the Supreme Court is already seized of the issue of limitation to convene 'General Court Martial' (subject matter of the aforesaid writ petition as well) in Criminal Appeal Diary Nos.(s) 17734/2022, filed by a co-accused, Division Bench of this Court vide order dated 18.07.2022, adjourned the proceedings 'sine-dine' and directed "order dated 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 19/08/2025 at 22:02:10 17.06.2022 shall remain in force". The said order reads as under: -
"1. Vide order dated 17.06.2022, this Court observed that the legal issues raised in the present petition require consideration, particularly, in view of the fact that different GCMs convened with respect to the co-accused have rendered different findings on the aspect of reckoning of limitation period provided under Section 122 of the Army Act, 1950 for initiating disciplinary proceedings.
2. It is not in dispute that the co-accused Brigadier S.K. Gupta before convening GCM, had challenged the proceedings on the ground of limitation before AFT and the AFT had given liberty to him to raise the said issue before GCM. The petitioner challenged the said order of AFT before Supreme Court in Criminal Appeal (Diary No.(s) 17734 of 2022), wherein vide order dated 06.07.2022 the attachment order was stayed subject to the conditions that the petitioner shall report to the commandant, Base Hospital, Delhi Cantonment every week on Monday at 11:00AM.
3. Since issues raised in the present petition are same as those pending adjudication in the case of Brigadier S. K. Gupta before the Supreme Court, the Supreme Court is seized of the issue of limitation to convene GCM, therefore the learned counsel appearing on behalf of the petitioner undertakes to await the outcome of the aforesaid case of Brigadier S. K. Gupta.
4. Learned counsel for the petitioner submits that he will await the outcome of the aforesaid case and shall not agitate the same issue of limitation before this Court or any other authority till such time.
5. In view of the above, the present petition is adjourned sine-die.
6. In terms of the above, order dated 17.06.2022 shall remain in force.
We hereby make it clear that after the verdict of the Supreme Court in the case of Brigadier S. K. Gupta, the parties shall be at liberty to proceed further steps required as per the procedure established by law."
12. It is the case of the petitioner that in defiance of the aforesaid interim order passed by the Division Bench of this Court, respondent no.4 has issued a LoC against the petitioner and curtailed his right to travel abroad.
13. It is further contended that the impugned LoC had a validity of one year from the date of issuance i.e.,02.03.2022. The same has since then expired inasmuch as it has not been renewed by the respondents. However, despite the aforesaid, the petitioner's right to travel abroad still remains curtailed, owing 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 19/08/2025 at 22:02:10 to the respondents' failure to formally withdraw the expired LoC.
14. It is further averred in the present application that there is no possibility of the petitioner evading the law inasmuch as (i) the petitioner has strong roots in the society (ii) has served the nation for 37 years as an officer of the Indian Army (iii) the petitioner and his wife are retired officers of the Indian Army and are dependent on their respective pensions for livelihood (iv) prior to issuance of the impugned LoC, petitioner undertook various travels, including travel to the USA in 2016 and 2018, and returned back to India.
15. Learned counsel on behalf of the respondent has opposed the present application, primarily contending that the petitioner rather than cooperating with the disciplinary process has been deliberately evading the General Court Martial proceedings and as a pre-emptive measure the respondents were constrained to issue the impugned LoC to prevent the petitioner from absconding the country and to ensure his availability for the ongoing disciplinary proceedings.
16. Vide order dated 29.07.2025, passed in the present proceedings the petitioner was directed to file an affidavit setting out the movable / immovable properties acquired by him and his family. In compliance with the aforesaid order, the petitioner has filed an affidavit dated 31.07.2025, setting out immovable properties and funds owned by the petitioner either individually or jointly with his family.
17. Learned senior counsel submits that as a pre-condition to travel abroad, the petitioner undertakes to deposit the original title deeds of properties jointly owned with his wife i.e., (i) E-1002, Sispal Vihar, Sector 49, Gurugram [approximately valued at Rs.1.75 crores] (ii) 602, Aster CHS, Oshiwara, Andheri, West Mumbai [approximately valued at Rs. 2 crores] as 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 19/08/2025 at 22:02:10 security with the Registrar General of this Court. In addition, the petitioner also undertakes to deposit a copy of the original title deed/s of commercial property bearing no. 603, Mayuresh Chambers, CBD Belapur, Navi Mumbai [approximately valued at Rs. 3 crores], which he jointly owns with his two siblings (Mrs. Nupur Chopra and Mr. Himanshu Khanna), and furnish his share in the said property, as a security / pre-condition for travel.
18. A perusal of the records reveals that the proceedings in relation to which impugned LoC has been issued, stands deferred by virtue of orders dated 17.06.2022 and 18.07.2022 passed in W.P.(C) 9528/2022 by a Division Bench of this Court after taking into account order dated 06.07.2022 passed by the Supreme Court in Criminal Appeal No. 17734/2022.
19. It is noticed that the petitioner over the years has been actively pursuing litigation / assailing the action initiated by the respondents on ground of limitation and other alleged legal infirmities before the Armed Force Tribunal as well as this Court. Further, a perusal of the affidavit and present application reveals that the petitioner has strong roots in India and to prove his bonafide, as a pre-condition, undertakes to furnish security in the form of title documents of his immovable properties, referred to aforesaid.
20. In the circumstances, considering the facts and circumstances, the petitioner is permitted to undertake the proposed travel, subject to the following conditions:-
i. The petitioner shall deposit original title deeds of properties bearing nos. E-1002, Sispal Vihar, Sector 49, Gurugram and 602, Aster CHS, Oshiwara, Andheri, West Mumbai, which are jointly owned by the petitioner and his wife, as security with the Registrar General of this Court. The security shall be 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 19/08/2025 at 22:02:10 accompanied by an undertaking submitted by the petitioner and also by petitioner's wife, that there is no objection in case the afore-noted property is 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 undertaking to be submitted before the Registrar, the petitioner and his wife shall also specifically undertake that they shall not alienate or mortgage the afore-noted property without permission of this Court, subject to further orders;
ii. The petitioner shall deposit a copy of original title deed of commercial property bearing no. 603, Mayuresh Chambers, CBD Belapur, Navi Mumbai, which is jointly owned by petitioner and his two siblings (Mrs. Nupur Chopra and Mr. Himanshu Khanna), as security with the Registrar General of this Court. The security shall be accompanied with an undertaking by the petitioner and his share in the said property shall not be alienated or mortgaged, without permission of this Court, subject to further orders;
iii. 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 any other stations. He shall also furnish a copy of the air tickets purchased by him before the Registrar General.
iv. The petitioner shall file an undertaking before the Registrar 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 19/08/2025 at 22:02:10 General that he shall return to the country on or before 15.11.2025. The petitioner shall intimate the Registrar General before leaving as well as within 72 hours of his return from abroad.
v. 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.
vi. 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.
21. 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. 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.
22. The application is allowed in the above terms.
23. List before the Joint Registrar (Judicial) on 20.08.2025 for verification of documents.
SACHIN DATTA, J AUGUST 14, 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 19/08/2025 at 22:02:10