1. This writ petition has been filed by Aditya Khanna assailing the action of the respondents in revoking his passport bearing no. F 4812183 without issuance of a notice to show cause and grant of an opportunity to represent against the proposed action. The action is assailed also on the ground of malafide and that no order has been communicated to him till date.

2. Certain public allegations into the administration and management of the United Nation Oil for Food Programme in Iraq were made. As a result, the United Nations Security Council appointed an independent high level inquiry headed by Mr. Paul Volcker, a former chairman of the United States Federal Reserve to look into the administration and management of the programme in Iraq. On 27th October, 2005 the Volcker Committee submitted its fifth and final substantiative report setting out the manner in which Iraq had manipulated the programme to dispense contracts on the basis of political preference and to derive illicit payments from companies that obtained oil and humanitarian aid contracts. It appears that the Volcker Committee report contained a reference to transactions involving one Shri Andleeb Sehgal and his company Masefield AG, Switzerland. The report was accompanied with a set of eight comprehensive tables identifying contractors under the programme and actors of significance to the programme transactions (including non-contractual beneficiaries of Iraqi oil allocations) and parties that financed the oil transactions. The Government of India was concerned with allegations set out in table 3 and 5 of the report which contained details of payments made in contract nos. M/09/54 and M/10/57 and the beneficiaries thereof referred to an Indian political party and a senior member thereof.

3. Mr. P.P. Malhotra, learned Additional Solicitor General contends that these allegations were treated by the government as being of extremely serious concern and consequently, by a notification dated 11th November, 2005 of the Ministry of Finance, Department of Revenue, of the Government of India, it was resolved to set up a single member inquiry under the provisions of the Commissions of Inquiry Act, 1952 whereby Justice R.S. Pathak, former Chief Justice of India and former Judge of the International Court of Justice was appointed as the authority to go into the root of the matter.

4. In addition, investigations were initiated by the Directorate of Enforcement-respondent no.3 herein in November, 2005 into allegations of violations of the provisions of the Foreign Exchange Management Act, 1999 (FEMA for short) arising out of these transactions. The learned Additional Solicitor General has submitted that the investigations which were being conducted by the respondents were of an extremely serious nature and the charges which were being examined involved only matters of public importance.

5. The respondent no. 3 Directorate of Enforcement has submitted before this court that during the course of investigations, there was sufficient material indicating the involvement of the petitioner in the financial transactions arising out of the said two oil contracts and therefore it became necessary to examine the petitioner vis-a -vis his role in the allocation of oil by the Iraqi authorities to M/s Hamdaan Exports/Sh. Andaleeb Sehgal under the two contracts; payment of surcharge to an Iraqi designated account and sharing of commission earned out of execution of the above between the petitioner and other beneficiaries. For this reason, summons were issued under Section 37 (3) of FEMA read with Section 131 of the Income Tax Act, requiring the petitioner to appear before the directorate on 25th November, 2005 and to produce his passport as well as the details of his bank account in India and abroad.

6. As the petitioner failed to appear and also did not produce the required document or their copies or information, on 29th November, 2005, an alert for his appearance was issued.