Kerala High Court
Shijith Kozhiparambil Kunhi ... vs Union Of India, Represented By Its ... on 12 April, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.2505/2023 1 / 10 Order Date : 12-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
WP(C) NO. 2505 OF 2023
PETITIONER:
SHIJITH KOZHIPARAMBIL KUNHI VELAYUDHAN, AGED 43 YEARS S/O.KUNHI
VELAYUDHAN, KOZHIPARAMBIL HOUSE, KAIPPAMANGALAM P.O., THRISSUR
DISTRICT, PIN - 680681
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL
AFFAIRS, CENTRAL SECRETARIAT, SOUTH BLOCK, NEW DELHI, PIN - 110011
2. AUTHORISED OFFICER AND DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT,
CHENNAI ZONE, 2ND& 3RD FLOOR, C-BLOCK, MURUGESA NAICKER OFFICE
COMPLEX, NO. 84, GREAMS ROAD, THOUSAND LIGHTS, CHENNAI, PIN - 600006
3. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, CHENNAI ZONE, 2ND &
3RD FLOOR, C-BLOCK, MURUGESA NAICKER OFFICE COMPLEX, NO. 84, GREAMS
ROAD, THOUSAND LIGHTS, CHENNAI, PIN - 600006
4. PROTECTOR OF EMIGRANTS, KOCHI, OFFICE OF THE PROTECTOR OF EMIGRANTS,
KOCHI, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI, KERALA ,
PIN - 682036
5. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY
NAGAR P.O., KOCHI-682036., PIN - 682036
6. ABUREAU OF IMMIGRATION, REPRESENTED BY COMMISSIONER (IMMIGRATION),
EAST BLOCK-VIII, LEVEL-SECTOR-1, R.K PURAM, NEW DELHI, PIN - 110066
7. FOREIGNERS REGIONAL REGISTRATON OFFICER, OFFICE OF FOREIGNERS
REGIONAL REGISTRATION OFFICE, AIRLINES BUILDING, CIAL NEDUMBASSERY,
COCHIN AIRPORT P.O, KOCHI, PIN - 683111,(ADDL R6 & R7 IMPLEADED AS
PER ORDER DATED 04-04-2024 IN IA 4/24 IN WPC 2505/2023)
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order return the passport bearing No. Z6990025 of the
petitioner and to lift travel restriction imposed upon the petitioner, if
any, pending disposal of the writ petition (civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
11.04.2024 and upon hearing the arguments of M/S P.HARIDAS, BIJU
HARIHARAN, SHIJIMOL M.MATHEW, P.C.SHIJIN & RISHIKESH HARIDAS, Advocates
for the petitioner, M/S KRISHNA T C, SC for R1, R4 & R5, SRI. JAISHANKAR
V.NAIR, SC, for R2 & R3, the court passed the following:
WP(C) No.2505/2023 2 / 10 Order Date : 12-04-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No.2505 of 2023
----------------------------------------------
Dated this the 12th day of April, 2024
O R D E R
The petitioner, a non-resident Indian and holder of
Indian Passport bearing No. Z6990025, has filed this writ
petition challenging the Look out Circular issued against
him by the Immigration Department at the request of
respondents 2 and 3.
2. According to the petitioner, he was doing
business in Hong Kong during the period 2014 and
during Covid-19 pandemic, he came down to India.
After his arrival in India, the Directorate of Enforcement
conducted search at his premises and his mobile phones
and other devices were seized as per Ext. P2 Mahazar.
WP(C) No.2505/2023 3 / 10 Order Date : 12-04-2024
On 21.11.2022, when the petitioner went to Cochin
International Airport to go to Qatar for employment
purpose, the Immigration authorities informed that the
respondents 2 and 3 have interdicted the petitioner from
travelling abroad. The petitioner seeks to quash the
records leading to the Look out Circular issued against
him at the instance of respondents 2 and 3.
3. A statement and an additional statement have
been filed on behalf of respondents 2 and 3 stating that
summons was issued to the petitioner alleging violation
of the provisions of Foreign Exchange Management Act
and several incriminating documents and digital devices
were seized from his premises. The Look out Circular was
issued against him due to the serious threat of him
leaving the Country to evade investigation. It is stated
WP(C) No.2505/2023 4 / 10 Order Date : 12-04-2024
that the presence of the petitioner is essential for further
investigation. However, the petitioner is not cooperating
with the investigation, and permitting him to leave the
country would impede the investigation.
4. This Court, by order dated 18.03.2024, directed
the learned Standing Counsel appearing for the 3rd
respondent to file a statement/affidavit showing the
details of the documents or any other information that is
to be provided by the petitioner for the purpose of
investigation. This Court also directed that the statement
shall also indicate as to whether the petitioner can be
permitted to go abroad on the same condition in the
judgment of this Court in W.P.(C) No. 31578 of 2023.
5. The learned Standing Counsel for respondents 2
and 3 has accordingly filed 2nd additional statement
WP(C) No.2505/2023 5 / 10 Order Date : 12-04-2024
dated 10.04.2024 wherein it is stated that the petitioner
has not submitted the following documents demanded
from him during the course of interrogation:-
"i. Financial details of M/s Vantage Traders
Limited, M/s Grace Hill Trading Limited &
M/s Unique Traders Limited.
ii. Bank A/c Statement of M/s Vantage Traders
Limited, M/s Grace Hill Trading Limited &
M/s Unique Traders Limited for period
01.01.2012 to till closure of account or till
date.
iii. Audited Balance sheet of M/s Vantage
Traders Limited, M/s Grace H-II Trading
Limited & M/s Unique Traders Limited from
2012 onwards.
iv. Ledgers of M/s Vantage Traders Limited,
M/s dra 9e<Hill Trading Limited & M/s
Unique Traders Limited for period
01.01.2012 to till closure of account or till -
date.
WP(C) No.2505/2023 6 / 10 Order Date : 12-04-2024
v. Documents rendered by the Petitioner during
the statement dated 24.11.2022."
6. It is further stated that if the petitioner leaves
the country without submitting these documents, that will
derail the investigation. It is stated that presence of the
petitioner for recording his statement is necessary and
considering the seriousness of the issues involved in the
investigation matter and the non cooperative attitude of
the petitioner throughout the investigation process, if the
petitioner is permitted to leave the country during the
on-going investigation, he will never cooperate with the
investigation and will frustrate the investigation.
7. The learned counsel for the petitioner, on
instructions, submits that, certain documents, particularly,
those referred to at Sl.Nos.1 to 4, are not available with
WP(C) No.2505/2023 7 / 10 Order Date : 12-04-2024
him and the petitioner will provide the documents which
are currently available with him. The learned counsel
further submits that once the petitioner is permitted to go
abroad, he will promptly return to India as and when
summoned by respondents 2 and 3 for the purpose of
investigation. In the light of the said submissions, the
following directions are issued:
(i) The petitioner shall provide the documents
demanded by respondents 2 and 3 that are currently
available with him before leaving the country.
(ii) The petitioner shall file an affidavit listing the
documents demanded by respondents 2 and 3 that are
not currently available with him.
(iii) The petitioner shall also furnish the details of
any property that can be given as security to ensure his
WP(C) No.2505/2023 8 / 10 Order Date : 12-04-2024
presence for the purpose of the investigation.
(iv)The petitioner shall also make a Fixed Deposit of
a sum of Rs. 5 lakhs with a Nationalised Bank and shall
produce the Fixed Deposit receipt before the 3rd
respondent. The said Fixed Deposit shall be renewed from
time to time until the proceedings against the petitioner
are completed. Respondent No. 3 is authorised to mark a
lien on the Fixed Deposit.
(v) The petitioner shall cooperate with the
investigation in every manner and shall also appear for
investigation as and when required by respondents 2 and
3. The respondents 2 and 3 shall give one month's notice
to the petitioner by email for his presence for
investigation. The petitioner shall furnish his E-mail ID
before the respondents 2 and 3.
WP(C) No.2505/2023 9 / 10 Order Date : 12-04-2024
(vi).The Look out Circular issued against the
petitioner shall be kept in abeyance for a period of six
months to enable him to travel abroad.
It is made clear that if the petitioner fails to appear
before respondents 2 and 3 pursuant to the summons, if
any, it will be open to the respondents 2 and 3 to
initiate appropriate action in accordance with law to
secure his presence, and also to appropriate the amounts
under fixed deposit to be created by the petitioner. In
such event it will also be open to the respondents to
revive the Look out Circular which is now ordered to be
kept in abeyance.
Post on 19.06.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
WP(C) No.2505/2023 10 / 10 Order Date : 12-04-2024
APPENDIX OF WP(C) 2505/2023
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF PETITIONERS PASSPORT
NO. Z6990025 DATED 18.10.2022
Exhibit P2 TRUE COPY OF THE SEIZURE MAHAZAR DATED 24.11.2021
Exhibit P3 TRUE COPY OF THE APPOINTMENT LETTER DATED 10.08.2022
Exhibit P4 TRUE COPY OF THE E-MAIL DATED 07.10.2022 FROM REGIONAL
PASS PORT OFFICER TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE VISA DATED 25.10.2022 ISSUED BY THE
STATE OF QATAR
Exhibit P6 TRUE COPY OF THE SUMMONS DATED 21.11.2022 ISSUED BY THE
3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE LEAVE APPLICATION OF THE PETITIONER
DATED 06.12.2022
Exhibit P8 TRUE COPY OF THE DETAILED REPRESENTATION DATED
25.12.2022 SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P9 TRUE COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT
DATED 26.12.2022 TO THE PETITIONER
Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN B.A. NO. 156/2023
DATED 18.01.2023 OF THIS HONOURABLE COURT
Exhibit P11 TRUE COPY OF THE DISCHARGE SUMMARY OF PETITIONER ISSUED
BY ASTER MEDCITY DATED 6.6.2020
Exhibit P12 TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE
ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, CHENNAI
DATED 12.03.2023
Exhibit P13 TRUE COPY OF THE REPLY OF THE BANK THROUGH E-MAIL DATED
29.05.2023 TO THE PETITIONER
Exhibit P14 TRUE COPY OF THE E-MAIL DATED 30.09.2023 OF THE
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P15 TRUE COPY OF THE E-MAIL OF THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 12.12.2023
