2021 (6) TMI 405 - HC - Money Laundering

High Court suspends Lookout Circular, allowing travel with conditions, warns against non-compliance.

Ahmed A.R. Buhari Versus Union of India, The Directorate of Enforcement

The High Court suspended the Lookout Circular until 30.06.2021, allowing the petitioner to travel to specific countries from 27.04.2021 onwards under ... Seeking permission to travel Singapore - Seeking to uplift Lookout Circular in F. No. ECIR/CEZO/I/01/2018 - overstaying in abroad during COVID-19 situation - non-cooperation in proceedings or not - HELD THAT:- The Special Court (PC Act), CBI-16, Rouse Avenue District Court, Delhi, passed the order dated 15.03.2021 permitting the petitioner to travel abroad from 16.03.2021 to 30.06.2021, by suspending the LOC till 30.06.2021, on the same terms and conditions that have been imposed in its earlier order dated 07.02.2020. The learned Senior Counsel for the petitioner as well as the Special Public Prosecutor for the second respondent submitted that similar conditions may be imposed for the present travel also by suspending the LOC issued by the second respondent till 30.06.2021. This Court is of the view that without expressing any view on the other contentions raised by both parties, the petitioner shall be granted the relief sought for on the same terms and conditions. Accordingly, the LOC issued by the second respondent shall remain suspended till 30.06.2021, so as to enable the petitioner to travel abroad, namely, Singapore, Malaysia and United Kingdom, any day on and from 27.04.2021 till 30.06.2021 on compliance of conditions imposed. Issues:- Petitioner seeking permission to travel to Singapore, Malaysia, and United Kingdom by lifting Lookout Circular.- Claim of non-cooperation by respondents due to lack of crucial documents.- Petitioner's overstay abroad due to COVID-19 lockdown.- Special Court order permitting travel abroad.- High Court decision to suspend Lookout Circular till 30.06.2021 with conditions.Analysis:The petitioner sought a direction to lift the Lookout Circular to travel to specific countries. The High Court considered the previous writ petition where the petitioner was allowed to travel with conditions. The respondents argued that the petitioner did not cooperate in the investigation, citing lack of crucial documents. However, the petitioner claimed to have submitted the required documents to the second respondent, as evidenced in the complaint filed before the Adjudicating Authority.The respondents also criticized the petitioner's overstay abroad beyond the permitted period, alleging non-cooperation. The High Court rejected this claim, attributing the overstay to COVID-19-related restrictions and flight unavailability. Notably, the Special Court had previously permitted the petitioner to travel abroad, and both parties requested similar conditions for the current travel. Consequently, the High Court decided to suspend the Lookout Circular until 30.06.2021, enabling the petitioner's travel to the specified countries from 27.04.2021 onwards, subject to stringent conditions.The High Court emphasized the importance of complying with the specified conditions, including maintaining a substantial fixed deposit, providing travel details, staying in contact with the second respondent, and refraining from interfering with witnesses or evidence. Any violation would result in the forfeiture of the fixed deposit. The Court clarified that the suspension of the Lookout Circular was based on the current circumstances and cautioned against seeking extensions unless due to COVID-19 situations. Ultimately, the writ petition was disposed of without costs, and the connected miscellaneous petition was closed.