The Delhi High Court has permitted the petitioner, who is under the scanner of the Enforcement Directorate (ED) in connection with the Mahadev betting app-linked money laundering probe, to travel to Bali, Indonesia for six days, observing that his fundamental right to travel under Article 21 cannot remain suspended indefinitely merely because the agency may require him for investigation at some future stage.
Justice Anup Jairam Bhambhani allowed petitioner’s application seeking temporary suspension of the Look-Out Circular (LOC) issued against him at the instance of the ED, enabling him to travel between May 14 and May 20 for business purposes.
The petitioner, represented by Senior Advocates N. Hariharan and Sacchin Puri, argued that he had been wrongly implicated solely because of his friendship with the person alleged to be a key accused in the Mahadev betting and hawala racket. It was contended that there was no cogent material linking the petitioner to the alleged illegal betting or money laundering operations, despite ED searches at his premises and allegations regarding ownership of luxury foreign cars.
The ED opposed the plea, arguing that the petitioner had evaded three summonses, destroyed his mobile phone during a search, and posed a serious flight risk. The agency also pointed out that the petitioner had previously sought permission to travel to Dubai for his wife’s IVF treatment but did not ultimately avail that permission.
However, the Court noted that the ED had earlier assured it that no fresh summons would be issued to the petitioner during the pendency of connected proceedings challenging the search and seizure action against him. As a result, the investigation was effectively not continuing against him at present, and his presence had not been requisitioned by the agency.
Significantly, the Court observed that the petitioner was neither an accused in the ECIR at this stage nor required for ongoing investigation, yet his liberty remained curtailed solely due to the existence of the LOC.
“Despite that, the petitioner’s right to travel guaranteed under Article 21 of the Constitution remains suspended,” the Court observed while granting relief.
The Court imposed stringent conditions, including a personal bond of ₹50 lakh with a surety from petitioner’s wife, disclosure of his itinerary and overseas contact details, a prohibition on travelling beyond Indonesia, restrictions on opening or closing bank accounts or businesses, and a direction not to contact accused persons or witnesses in the case. The LOC will remain suspended only for the approved travel period.
Appearances:
For the Petitioner: Mr. N. Hariharan and Mr. Sacchin Puri, Sr. Advocates with Ms Vanya Gupta, Ms. Punya Rekha Angara, Mr. Aman Akhtar, Ms. Vasundhara N., Ms. Vasundhara Raj Tyagi, Mr. Arjan Mandla, Mr. Lakshay Kaushik, Mr. Adeeb Ahmad, Mr. Shoaib Ikram, Mr. Ishan Parashar, Mr. Sunail, and Mr. Manish Dhankani, Advocates.
For the Respondent: Mr. Vivek Gurnani, Panel Counsel
