Interim Order 46

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SH. SUDHANSHU KAUSHIK : SPECIAL
JUDGE (PC ACT) : CBI-11,
ROUSE AVENUE DISTRICT COURT : NEW DELHI
IN THE MATTERS OF:
IA No.01/2024 (3 applications) in CC Nos. 49/2019, 194/2019 &
195/2019 titled as “ED Vs H.B.Chaturvedi & Ors.”
IA No.02/2024 (5 applications) in CC Nos.47/2019, 48/2019, 50/2019,
197/2019 & 196/2019 titled as “ED Vs H.B.Chaturvedi & Ors.”
IA No.03/2024 (2 applications) in CC Nos. 272/2019 & 273/2019
titled as “CBI Vs Shamken Spinners Ltd.” & “CBI Vs Shammen
Multifab Ltd.”
IA No.04/2024 (1 application) in CC No.43/2021 titled as “CBI Vs
H.B.Chaturvedi & Ors.”
IA No.05/2024 (1 application) in CC No.266/2019 titled as “CBI Vs
Dwarkadhish Spinners Ltd.”
18.09.2024
These are 12 separate applications filed on behalf of accused Pravin
Juneja seeking permission to travel abroad.
Present : Sh. Avanish Kumar Chand, Ld. PP for CBI.
Sh. Atul Tripathi, Ld. PP for ED (through VC).
Sh. Shubham Paliwal, Counsel for applicant/accused
Pravin Juneja.
1. I shall dispose of all the applications by this common order. The
applicant Pravin Juneja in an accused in the above titled 12
cases. By means of these applications, applicant has sought
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directions that he may be permitted to travel abroad. He has
sought permission to travel to Canada to attend the Convocation
Ceremony of his son Mr. Aryan Juneja in Schulich School of
Business, York University at Keele Campus, Toronto, Ontario,
Canada. He has also sought permission to travel to Mexico and
Columbia along with his family members.
2. Notice of the applications was issued to the CBI as well as ED.
Separate replies filed by the CBI and ED are on record. Copies
supplied to the applicant. By means of the replies, ED as well as
CBI has opposed the applications.
3. Arguments heard. Record perused.
4. Directions were issued to the ED for verifying the submissions
made by the applicant about the schedule Convocation
Ceremoney of his son Mr. Aryan Juneja. ED has filed a
verification report mentioning that it stands verified that the
Convocation Ceremony is scheduled to be held on 18.10.2024.
Record shows that on an earlier occasion, applicant was granted
liberty to travel abroad vide order dated 09.08.2023 passed by
the High Court of Delhi in Crl. Misc. 5143/2023. On this
occasion, applicant sought the liberty to travel abroad for
getting his son admitted in Schulich School of Business, York
University at Keele Campus, Toronto, Ontario, Canada. The
High Court of Delhi granted the liberty to the applicant to travel
abroad after observing that the admission of a child in a
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university is a moment to cherish for the parents and they
should not be denied to accompany the child at that special
moment. The High Court further observed that even if a person
is accused of an offence and he is facing trail, he should not
ordinarily be denied these special moments.
5. The right to travel abroad is a part of fundamental right as
enshrined under Article 21 of the Indian Constitution. Record
shows that subsequent to the liberty granted by the High Court
of Delhi, applicant has traveled abroad on as many as 21
different occasions after taking permision from this court. On
each occasion, applicant has complied with the conditions
imposed in the orders whereby liberty was granted. He has
returned back to India within the given time frame.
6. In view of the discussions made in the aforesaid paras and on
the parity of the reasoning given by the High Court of Delhi in
the order dated 09.08.2023, I am of the considered opinion that
there is no impediment in granting the liberty to the aplicant to
travel abroad for attending the Convocation Ceremony of his
son. It already stands verified that the Convocation Ceremony is
scheduled to be held on the date disclosed by the applicant.
Accordingly, the applications stand allowed and applicant
Pravin Juneja is permitted to travel to Canada, Mexico and
Columbia from 07.10.2024 to 28.10.2024 to attend the
Convocation Ceremony of his son along with his family on the
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same conditions as imposed by the Hon'ble Delhi High Court
vide order dated 09.08.2023 in Crl. MC No. 5143/2023. It is
further directed that the application/accused shall furnish return
affidavit immediately on arrival to India.
7. Passport of applicant, which stands deposited by him in the
court in CC No. 48/2019, is directed to be released against
acknowledgment for traveling abroad with direction to
surrender the same with this court within 72 hours after his
arrival to India.
8. With these directions, all the applications stand disposed of.
Copy of the order be given dasti for compliance.
(Sudhanshu Kaushik)
Special Judge (PC Act)/CBI-11,
Rouse Avenue Courts, Delhi
18.09.2024
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