Supreme Court - Daily Orders
Rajbhushan Omprakash Dixit vs Union Of India on 18 May, 2018
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
TC(Crl) 3/2018 etc.
1
OUT-TODAY
ITEM NO.301 COURT NO.1 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Case (Criminal) No. 3/2018
(Arising out of impugned final judgment and order dated 30-11--0001
in WPCRL No. 363/2018 passed by the High Court Of Delhi At New
Delhi)
RAJBHUSHAN OMPRAKASH DIXIT Petitioner
VERSUS
UNION OF INDIA & ANR. Respondents
WITH
T.C.(Crl.) No. 4/2018 (XVI-A)
(I/A FOR PERMISSION TO PLACE ADDITIONAL GROUNDS ON IA 43599/2018-
FOR CLARIFICATION/DIRECTION ON IA 71465/2018)
Date : 18-05-2018 This matter was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioner Dr. A.M. Singhvi, Sr. Adv.
Mr. K.V. Viswanathan, Sr. Adv.
Mrs. Shally Bhasin, AOR
Mr. Amit Bhandari, Adv.
Mr. Prateek Chadha, Adv.
Mr. Abhinav Agrawal, Adv.
Ms. Vrinda Bhandari, Adv.
Mr. B. Krishna Prasad, AOR
Mr. Nikhil Jain, AOR
Mr. Vikas Mehta, AOR
For Respondents
Mr. Tushar Mehta, ASG
Mr. Shiv Mangal Sharma, Adv.
Mr. Saurabh Shyam Shamshery, Adv.
Mr. Rajat Nair, Adv.
Signature Not Verified Mr. Kanu Agarwal, Adv.
Digitally signed by
DEEPAK GUGLANI
Date: 2018.05.18
Ms. Nupur Sharma, Adv.
16:41:06 IST
Reason: Mr. Shrey Kapoor, Adv.
Mr. Manan Popli, Adv.
Mr. M.K. Maroria, Adv.
Mr. B. Krishna Prasad, AOR
TC(Crl) 3/2018 etc.
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UPON hearing the counsel the Court made the following
O R D E R
I.A. No. 71465/2018 in T.C. (Crl.) No. 4/2018 The petitioner has filed the present application seeking permission to travel to U.K. and France between 19.5.2018 and 27.5.2018 and further to U.K., Germany and Spain between 10.6.2018 and 25.6.2018.
In paragraph 15 of the application, the schedule of travel is given, which is as under:-
“Lyon (ATP) – 20 to 26 May, 2018;
Stuttgart (ATP) – 11 to 17 June, 2018; and Mallorca (WTA) – 18 to 24 June, 2018.” It is submitted by Dr. Abhishek Manu Singhvi, learned senior counsel appearing for the petitioner/applicant that on earlier occasion, by virtue of the order passed by this Court, he travelled and came back within the time specified and cooperated with the investigation and, therefore, the prayer made in the application should be allowed.
Mr. Tushar Mehta, learned ASG appearing for the respondents would submit that the petitioner/applicant had not disclosed certain aspects during the investigation. He would also contend that if this Court ultimately allows the prayer, certain conditions have to be imposed.
As far as the first part is concerned, we do not intend to dwell upon the same. As far as the imposition of conditions is concerned, we think it is acceptable.
Having heard learned counsel for the parties and keeping in view the averments made in the application, it is directed that the petitioner shall travel as per the schedule given in paragraph 15 of the application, TC(Crl) 3/2018 etc. 3 subject to the following conditions:-
(i) That the petitioner/applicant shall file an undertaking before this Court within three days, indicating his flight details and the date of arrival in India.
(ii) If the undertaking is not filed, the petitioner shall not be allowed to go abroad.
(iii) After the undertaking is filed and a copy of the same is served on the assisting counsel of Mr. Tushar Mehta, learned ASG, the Passport of the petitioner/applicant which is in the custody of the Enforcement Directorate, shall be handed over to him, who shall surrender the same after the schedule of visit is over.
(iv) That the petitioner shall not open or close any bank account overseas.
(v) The petitioner shall not enter into any kind of property transactions abroad.
(vi) If the undertaking is not complied with, the petitioner shall face such consequences as may be deemed fit and appropriate.
We have passed this order as a submission has been advanced that the petitioner shall always be available for investigation and, therefore, his freedom to travel should not be curtailed. However, we may hasten to add that our grant of permission to travel will not be a ground for bolstering the stand for grant of anticipatory bail or regular bail in other offences.
The application is accordingly disposed of.
(Deepak Guglani) (Tapan Kumar Chakraborty)
Court Master Court Master