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A Supreme Court bench of Justices MR Shah and Aniruddha Bose today dismissed a plea by Kuldeep Bishnoi, a Congress MLA from Haryana, seeking release of his passport to travel abroad for medical treatment.

Bishnoi and his son Bhavya have been accused of offences under the Black Money Act. A Look Out Circular (LOC) was issued against Bhavya, as a result of which he could not travel to the USA to pursue his masters’ degree. He had approached Delhi High Court challenging the LOC in order to pursue his education.

A Single Judge of Delhi High Court in August 2021 permitted Bhavya to travel abroad, subject to various conditions imposed on him. The income tax department approached the division bench of Delhi High Court challenging the order of the single judge.

The Division Bench on August 2021, while upholding the order permitting Bhavya to travel abroad, recorded Bishnoi’s undertaking that he will deposit his passport with the Registrar General of Delhi High Court. The court granted liberty to Bishnoi to file an application for release of his passport for certain “genuine and valid reasons.”

In 2022, Bishnoi's application seeking the release of his passports, claiming that he needs to travel to the USA for necessary treatment of thyroid cancer at USA, and  to attend the commencement ceremony of graduation of his only daughter in the USA.

Bishnoi further informed the court that he had undergone an operation for thyroid cancer in USA in 2017. He is once again having the same symptoms of serious disease that he had developed in the year 2017 leading up to the surgery and requires immediate and urgent treatment. He sought for the release of passport also on the ground that his daughter is undergoing a surgical procedure.

The High Court had dismissed the plea on the ground that Bishnoi cannot travel abroad as there is already a LOC against him. It was also noted that Bishnoi would have to first seek an appropriate order against the Lookout Circular, before leaving the country. Bishnoi challenged this order before Supreme Court.

In Supreme Court Bishnoi’s counsel argued that he is showing symptoms of cancer again and he needs treatment for the same. ASG Balbir Singh, appearing for Income Tax investigation unit told the court that apart from contending that Bishnoi has taken an appointment at Clayman Thyroid Centre, USA, no medical document, showing any complication or urgency for such appointment, has been placed.

The court on hearing the submissions noted that since there is already LOC, even if passport is released, he cannot be permitted to travel abroad.  The court observed that if there is any extra ordinary urgency which requires operation, it will open for him to approach the High Court. The court therefore dismissed the special leave petition.

Case title: Kuldeep Bishnoi Vs Deputy Director Income Tax Investigation