HIGH COURT OF DELHI
SURESH NANDA – Appellant
Versus
CBI – Respondent
CRLMC-973_2011
Crl. M.C. 973/2011
Page 1 of 10
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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CRL.M.C. 973/2011
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Reserved on: 10th August, 2011
Decided on: 21st September, 2011
SURESH NANDA
..... Petitioner
Through:
Mr. C.A. Sundram, Sr. Adv. and Mr.
Sidharth Luthra, Sr. Adv., with Mr.
R.N. Karanjawala, Mr. R.K. Handoo,
Mr. Sandeep Kapoor, Mr. Shivek
Trehan, Mr. Yoginder Handoo, Advs.
versus
CBI
..... Respondent
Through:
Mr. P.K. Sharma, Standing Counsel for
CBI.
Coram:
HON'BLE MS. JUSTICE MUKTA GUPTA
1. Whether the Reporters of local papers may
Not Necessary
be allowed to see the judgment?
2. To be referred to Reporter or not?
Yes
3. Whether the judgment should be reported
Yes
in the Digest?
MUKTA GUPTA, J.
1. The grievance of the Petitioner is the denial of permission to go aboard.
A narration of facts before adverting to the issue in question:
i)
The Petitioner, a citizen of India, settled in United Kingdom, having
NRI status since 1984, ordinarily resided in the United Kingdom upto 2006,
2011:DHC:4868
Crl. M.C. 973/2011
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when Cases RC-AC1-2006-A0004 and RC-1 (A)/2006-ACU (V) were
registered under the Prevention of Corruption Act, 1988. The Petitioner was
arrayed as an accused and his house and other premises were searched. The
passports of the Petitioner and other family members were seized. The
Petitioner was allowed permission to travel abroad by the learned Special
Judge vide order dated 15th January, 2007 in the abovementioned RC
numbers. However, on a revision petition filed before this Court, the order
was set aside. On a challenge before the Hon’ble Supreme Court vide order
dated 24th January, 2008 the order passed by the High Court was set aside,
observing that the right to travel was a fundamental right and the investigating
agency had no power to impound the passport. During the course of hearing,
it was assured on behalf of the CBI that the investigation in the
abovementioned case would be over within six months and the CBI would
have no objection if the Petitioner was allowed to travel abroad, after the
expiry of six months. The passport of the Petitioner was also sought to be
impounded by the competent authority, which order was also challenged and
ultimately this Court disposed of the petition vide its order dated 5th October,
2010 directing release of passport of the Petitioner forthwith while taking note
of the prayer (c) of the amended writ petition wherein it was stated that the
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Petitioner will take the permission of the Trial Court before seeking to travel
abroad on the strength of the passport.
ii)
In the meantime, on 8th March, 2008 the Petitioner was arrested in case
RC-AC1/2008-A0001. In the said case the Petitioner and his co-accused were
released on bail by this Court vide order dated 29th April, 2008 with the
stipulation that they are not permitted to leave the country, without the prior
permission of the Court. The Petitioner applied before the learned Special
Judge, CBI on 13th October, 2010 for permission to travel abroad for two
months. The reply of the CBI to the application was that the investigation in
the instant case was still going on, had reached a crucial stage and was most
likely to be concluded in the next two months. The learned Trial Court
dismissed the application on 25th October, 2010 on the ground that there was
no urgent necessity to travel at that stage, since the CBI had stated that they
needed two more months to complete the investigation finally, which was at
the crucial stage.
iii)
The Petitioner again applied for permission to travel abroad for a period
of twenty days. The CBI again filed a reply dated 15th December, 2010
stating that the investigation in the present case was at th