The court's decision was based on the consideration of the petitioner's medical condition, cooperation in the investigation, and the ongoing nature of the investigation by the Enforcement Directorate.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

CM APPL. 9843/2023 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

W.P.(C)-4943/2021 & CM APPL. 9842/2023(for direction)

3. The present application has been filed seeking directions. The case of the Petitioner is that he is a British citizen bearing passport no. 503856621 and is now 74 years of age. He had filed the present petition challenging the Look-out circular (`LOC') which was issued against him. The Respondents are the Enforcement Directorate and the other Branches of the Union of India. Vide order dated 22nd April, 2021, the Petitioner was permitted to travel abroad. The relevant portions of the said order are set out below:

"4. The Petitioner is a British citizen bearing passport no. 503856621, who is 73 years old. The Petitioner had undergone a heart transplant in 1999 and had visited doctors in the USA for his annual medical check up. It is the Petitioner's case that he frequently visits India, on an average of two-three months in a year, for various purposes and has deep roots in India. He also has movable and immovable assets in India. He was apprehended on the night of 21st/22nd March, 2021 when he arrived in India from London. After being apprehended, summons were issued to him on 22nd March, 2021 to appear before Respondent No.3 i.e., the Directorate of Enforcement (hereinafter, `ED') on the said date. It is his case that no summons were issued to him prior to the said date. He prays for suspension of the LOC and permission to travel abroad, owing to the Covid-19 pandemic in India and his precarious medical condition as no hospital is willing to admit him as he is likely to contract Covid-19. He submits that he is willing to offer security and also cooperate in the investigation.

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7. Irrespective of whether, in the present case, the said situation had occurred or not, authorities ought to be mindful of the medical condition and age of parties who are apprehended at the airport due to LOCs being issued in their name, before such a treatment is meted out to them. If any persons are apprehended, proper arrangements shall be made to place them in a hotel or some such facility so that the said persons are not inconvenienced. It would be impermissible for the authorities to treat such apprehended persons in an improper manner.

8. Insofar as the merits of this case are concerned, the letter from Mount Sinai Health System, New York has been placed on record, which confirms that the Petitioner had undergone a heart transplant in 1999. It further confirms that he has various other medical conditions, including shortness of breath, fatigue and bronchitis.

9. Considering the current pandemic situation and the fact that the Petitioner wishes to go back and consult his doctors in London or in the USA, the LOC which is stated to have been issued against the Petitioner is suspended, subject to the following conditions:

i. The Petitioner shall extend complete cooperation to the investigative agencies, provided that he is given adequate time and at least three weeks' notice of the date on which he has to appear before the agency.

ii. The pandemic situation shall be borne in mind before physically summoning the Petitioner.

iii. The Petitioner is stated to be the karta of Mr. Sudhir Choudhrie, the HUF, which is the owner of property bearing No. 104, Sunder Nagar, New Delhi-110003. An undertaking shall be filed on record within a period of five working days to the effect that status quo in respect of the title and possession of the said property will be maintained and that the same would not be alienated and no third party interest will be created.

iv. If at least three weeks' notice is issued to the Petitioner for appearance by the authorities, he shall extend complete cooperate in the investigation."

4. It is submitted by ld. Counsel for the Petitioner that in view of the suspension of the LOC, the Petitioner