“You are not a convict, free to travel long as you cooperate”: Delhi HC to Congress Leader Bhavya Bishnoi accused under Black Money Act

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The Delhi high Court today refused to stay the single judge order which had allowed Congress leader Bhavya Bishnoi  travel to the United States for a two year postgraduate course at Harvard University.

The division bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing an appeal by Deputy Director of Income Tax challenging the operation and implementation of the  single judge order which permitted Congress leader Bhavya Bishnoi, accused under the Black Money Act, 2015, to travel to the United States of America for a two-year post-graduation course, subject to conditions imposed by the court.

Advocate Anurag Singh appearing for Bishnoi made a voluntarily statement that Pradeep Bishnoi, father of Bhavya Bishnoi shall not leave the country as long as Bhavya  is abroad.

On Adv Singh’s statement the Court has directed Pradeep Bishnoi to surrender his passport before the registry today at 4.15 pm. The registrar has been directed to keep the passport in a sealed cover. The Court clarified that if Pradeep Bishnoi would require the passport to travel abroad, an application can e made for the same.

The Court further directed Bhavya to submit his passport to the Indian Embassy within a week on reaching Harvard. The Indian embassy has been directed to preserve the passport till further orders of competent court in India.

The Court while allowing Bishnoi to travel abroad said “ You are not a convict today. You are free but you should cooperate.” “

The Court has also directed Bhavya and his father Pardeep Bishnoi to provide a valid email id and his  for the purpose of serving summons. This exercise will be completed during course of the day.

Further,Bishnoi has been directed to cooperate with the investigation with all the authorities.

 Adv Vibhooti Malhotra appeared for the Income Tax Authority vehemently objected the permission granted by the single judge and submitted that the proceedings initiated against Bishnoi under the Black Money Act may be rendered infructuous if he was allowed to travel abroad.

On May 4, the Single Judge of Justice Rekha Palli had granted Bishnoi permission to travel abroad subject to payment of Rs 1 Crore as security.

 

Case Title: Deputy Director of Income Tax ( Investigation)  vs Bhavys Bishnoi and Ors