[Agusta Westland Case] Delhi Court allows accused Gautam Khaitan to travel abroad; suspends LOC for 4 months

A Delhi Court on Tuesday granted permission to Advocate Gautam Khaitan, an accused in the alleged scam in Augusta Westland VVIP Chopper deal to travel abroad for four months.

Special Judge Arvind Kumar of the Rouse Avenue Court directed the Central Bureau of Investigation (CBI) to suspend the Look Out Circular (LOC) issued against Khaitan during the same period.

The court was hearing an application filed by Khaitan seeking permission to visit Kazakhstan, Russia, Japan, Thailand, Indonesia, the UAE, the UK, Schengen countries except for Italy and Switzerland, Turkey, the US, Ghana, Tanzania, China, Hong Kong, South Africa, Australia, Maldives, and Saudi Arabia to redevelop relations and meet local law firms to revive business for his law firm O.P. Khaitan & Company.

Counsel for Khaitan submitted that the level and quality of the work is such that neither “it can be delegated nor electronic media like teleconferencing nor video conferencing can suffice it more particularly in view of the client's requirements concerns among others”.

On the contrary, the counsel for CBI opposed the application and submitted that Khaitan is linked to highly influential and powerful people, many of whom are abroad, and that there is a strong and reasonable fear that he may influence witnesses and tamper with evidence. He argued that if the application is granted, it will be detrimental to the case's future progress.

The court noted that the chargesheet in the present case had been filed and that Khaitan had been permitted by the High Court to travel abroad in 2015 to the Philippines and London respectively. It was also noted that after the registration of the FIR, the accused had visited different countries including London, Dubai, UAE, and Singapore.

Taking note of the submissions, the court said, “The reasons assigned by applicant/accused necessitating his visit to these countries including Indonesia, UAE, UK, USA are justified reasons”.

The court observed, “Almost 9 years have passed since the registration of FIR. The chargesheet and two supplementary chargesheets have already been filed….accused have been granted permission to visit different countries subject to certain conditions which have been complied with by the accused”.

Accordingly, the court allowed, Khaitan to travel abroad to the aforesaid countries subject to certain conditions.

Conclusively, the court held, “LOC, if opened, against the accused shall remain suspended/withdrawn during these four months".

Case Title: CBI v. SP Tyagi & Ors.