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TMI Blog2024 (9) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... re concerned, there is no restriction on the children to travel to India, to meet the parents. For this purpose, there is no need for the petitioner, to travel to Dubai. The learned Special Judge, has rightly observed that no cogent reasons have been given by the petitioner, for travelling abroad. The Judgments which have been relied upon by the petitioner, are of little assistance and need not be considered at this stage, for the simple reason that the purpose for travel itself has not been justified. Application dismissed. - HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA For the Petitioner : Mr. Murari Tiwari, Ms. Ankita Tiwari, Mr. Rahul Kumar, Mr. Abhishek Tiwari, Ms. Mrinal Bharti, Mr. Hemant Shah, Mr. Shivam Khora, Mr. Anuj Gupta, Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the applicant is indispensable for securing the admission. The daughter of the applicant, is studying in Dubai and applicant intends to meet her there. The continuation of the restrictions on the applicant of not travelling abroad, certainly amounts to an abuse of the process of law. The directions in the impugned Order, places unreasonable restrictions on the Fundamental rights of the petitioner guaranteed under Article 21 of the Constitution of India, which includes the right to travel abroad. 4. The applicant has been co-operating in the investigation and has not shown any intention to flee from justice. The imposition of travel restrictions without any concrete evidence of flight risk, is a disproportionate measure that affects the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ousing Investment Corporation Limited. The material constitutes part of an ongoing investigation and any disclosures made at this stage, would jeopardise the enquiry and thus, the same could not have been recorded in the Order. The learned Special Judge, after considering the material in the sealed cover, has observed that the petitioner has not come forward with clean hands and has clearly not been candid in his disclosures. Further, the grant of permission at this stage, was concluded to be detrimental to the economic interest of the country and ongoing investigation. 8. It is submitted that cogent reasons have been recorded by the learned Special Judge while denying the permission to the petitioner, to travel abroad. The respondents have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required for conclusive outcome. If he is permitted to travel abroad, it would derail the ongoing investigation. He has admitted that he has family ties outside India and was a frequent traveller. The LOC are backed by sufficient administrative as well as legal Authority. Moreover, the LOC issued by the SFIO, are being regularly monitored. The permission to travel abroad, has been seriously contested. 10. Learned counsel on behalf of the petitioner, has argued that aside from the allegations of the eight Companies in which the petitioner is Director, having close association with the Sahara Group, there is no investigation being conducted against its Companies and the allegations are merely in the realm of alleged investigations, which are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be opened, and the operation of the LOC was temporarily suspended to permit the petitioner, to travel abroad. 12. Submissions heard. 13. The merits of the opening of the LOC against the petitioner, is a subject matter of challenge in the main Petition, which shall be considered thereunder. By way of the present Application, the permission has been sought to travel to New York and Dubai from 16.08.2024 to 05.09.2024, on the ground that the petitioner intends to meet his daughter in Dubai and also to facilitate the admission of his son in New York. 14. Insofar as meeting the son and daughter are concerned, there is no restriction on the children to travel to India, to meet the parents. For this purpose, there is no need for the petitioner, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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