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Delhi High Court - Orders

Shivani Saxena vs Directorate Of Enforcement & Anr on 9 April, 2021

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                          Signature Not Verified
                                                          Digitally Signed By:DINESH
                                                          SINGH NAYAL
                                                          Signing Date:10.04.2021
                                                          18:41:13


$~9
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 8084/2020, CM APPLs. 26269/2020 & 8854/2021
       SHIVANI SAXENA                             ..... Petitioner
                       Through: Mr. R.K. Handoo and Mr. Rajat
                                 Manchanda, Advocates.
                       versus

       DIRECTORATE OF ENFORCEMENT & ANR. ..... Respondents
                      Through: Mr. Amit Mahajan, CGSC with Mr.
                               Zoheb Hossain, Spl, Counsel for ED
                               and Mr. Vivek Gurnani, Advocate for
                               ED.
       CORAM:
       JUSTICE PRATHIBA M. SINGH
                ORDER

% 09.04.2021

1. This hearing has been done through video conferencing.

2. This is an application seeking suspension of the Look Out Circular (hereinafter, 'LOC') for the period of permission granted to the Petitioner to travel abroad to Dubai, UAE.

3. The grounds mentioned in the application filed by the Petitioner are that the Petitioner's entire family, including her children, are residing in Dubai. She herself has been residing in Dubai for the last 30 years. Her husband is living in India.

4. Ld. counsel for the Petitioner submits that the Petitioner has not met her children since February, 2021, despite the fact that the Petitioner has already obtained permission from the Trial Court, where the PMLA proceedings are pending, to travel abroad for a period of three months. Hence, the present application.

5. Mr. Zoheb Hussain, ld. Counsel appearing for the Directorate of Enforcement (hereinafter, 'ED') objects to the application on the ground that the Petitioner is likely to tamper with the evidence and the same may be destroyed. He further submits that two of the companies are located in Dubai and thus, the Petitioner ought not to be permitted to travel to Dubai. Moreover, it is argued that the Petitioner has approached the wrong Trial Court for obtaining the permission.

6. It is seen from the record that the Petitioner was earlier granted permission to travel abroad vide order dated 2nd December, 2020. The operative portion of the said order reads as under:

"6. Keeping in view the submissions made and specifically the order dated 14.09.2020 passed by the learned Special Judge, though it has been passed in relation to a different case, the operation of the LOC against the petitioner is suspended permitting the petitioner to travel to UAE and Europe till 14.01.2021 subject to the fulfilment of the conditions as have been stipulated in the order dated 14.09.2020 of the learned Special Judge. The said conditions shall be considered as a part of the present order as well.

7. The learned counsel for the petitioner submits that the petitioner has complied with the conditions stipulated by the learned Special Judge.

8. The learned Special Judge shall record the satisfaction of those conditions, if not already done.

9. On the recording of the satisfaction by the learned Special Judge of the compliance with the conditions, the respondent no. 1 shall inform the concerned authorities about today's order and permission granted to the petitioner. "

7. Pursuant to the above order, the Petitioner has travelled abroad and returned to India on 5th February, 2021. It is not disputed that the Petitioner's entire family, including her children, are living in Dubai. Her husband is however living in India. The Special Judge, CBI vide order dated 25th February, 2021, has given her permission to travel abroad on the following terms:

"14. The applicant Shivani Rajiv Saxena is stated to be residing in Dubai, UAE for more than 28 years with her family consisting of her husband and children. The applicant has submitted that she needs to go to Dubai for her treatment and because of her illness she requires medical attention. The contention of Ld. Counsel for accused are not without merit. The accused has been granted earlier permission to travel abroad and her medical condition is detailed in orders dated 12.02.2018 and 06.03.2019 and same is not being repeated here.

15. The Enforcement Directorate failed to point out any instance when the concessions granted to the accused was misused by her. It is worthwhile to mention here that complaint has already been filed and the entire case of the ED is based on documentary evidence. The ED has failed to point out any incident when the accused had tampered with the evidence or influenced any witness. Further, suitable conditions can be imposed on the applicant so that she does not evade the trial.

16. Keeping in view the facts and circumstances, the applicant is permitted to travel to Dubai, UAE for three months from 25.02.2021 subject to following conditions:

1. That applicant/accused shall furnish additional security in the form of bank guarantee in the sum of Rs. 50 lacs or W.P.(C) 8084/2020 Page 3 of 5 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:10.04.2021 18:41:13 in the alternative an FDR in the like amount.

2. That applicant/accused shall furnish a detailed affidavit disclosing her detailed programme including her stay at various stations abroad, telephone numbers and residential address.

3. That she shall intimate the court before leaving and within 72 hours of her return from abroad.

4. That applicant/accused shall produce her surety/sureties in the court to give her statement that surety has no objection in case applicant/accused is allowed to go abroad.

5. That applicant will file complete self attested copy of her passport alongwith copy of Visa in the court on her return from abroad.

6. The applicant/accused will not contact/influence the prosecution witnesses during this period and shall not tamper with evidence.

7. The applicant/accused shall file an undertaking that she will visit only Dubai, UAE during the aforesaid period.

8. The applicant/accused shall join investigation within 5 days of information to join investigation.

9. This permission shall be subject to other applicable conditions and will not be deemed as direction to any other authority except permission from the side of the Court.

10. In case any of the above conditions are violated, the bank guarantee/FDR will be forfeited to the State."

The trial court has thus imposed the conditions on which the Petitioner can travel abroad.

8. When this application was filed before this Court, the objection raised on behalf of the ED was that the Petitioner is not cooperating in the investigation. Accordingly, vide order dated 4th March, 2021, the Petitioner was directed to join the investigation. Ld. Counsel for the Petitioner submits that the Petitioner appeared before the authority on 8th 9th and 10th March, 2021 and this is not disputed by ld. Counsel for ED. He further submits that in the other case which is referred to by ld. Counsel for the ED, the Petitioner is not an accused and hence, permission has been obtained in the correct case from the trial court.

9. Considering the overall facts of the case and the fact that the Petitioner has obtained the permission from the trial court in this matter, the Petitioner is permitted to travel to Dubai and return back to India on or before 24th May, 2021. The LOC shall stand suspended during this period. Details of the itinerary of the Petitioner, including the place where she would be staying, shall be provided to the authority. All the conditions imposed by the Trial Court vide order dated 25th February, 2021 shall be complied with by the Petitioner.

10. Application is disposed of in the above terms. W.P.(C) 8084/2020 & CM APPL.26269/2020 (for directions)

11. List on 18th August, 2021.

PRATHIBA M. SINGH, J.

APRIL 9, 2021/dk/T W.P.(C) 8084/2020 Page 5 of 5