BREAKING [Liquor Excise Policy Scam] Delhi High Court Grants Sameer Mahandru Permission To Travel To Dubai

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Synopsis

The court, in September 2024, granted bail to Sameer Mahandru for his alleged involvement concerning the now-defunct liquor excise policy. These observations were made in a petition seeking regular bail on grounds that “More than 11 months have passed since the dismissal of first regular Bail Application”. The court, while granting bail, noted that “Article 21 of the Constitution shall take precedence over the Twin Test and if the Trial would take long, the accused shall be entitled to Bail”

The Delhi High Court, on January 7, granted Sameer Mahandru permission to travel to Dubai along with his wife and daughter to visit his father-in-law who resides in Dubai. Mahandru sought permission to travel to Dubai between January 8 and January 16, 2025, citing the health condition of his father-in-law.

The bench of Justice Vikas Mahajan held, “The trial court is directed to release the passport of the petitioner. The LOC against the petitioner is also suspended temporarily”. 

Advocate Dhruv Gupta, appearing for Mahandru, informed the court that the petitioner was previously granted regular bail on September 9, 2024, subject to certain conditions, one of which restricted international travel without prior court approval. 

Advocate Gupta argued that co-accused individuals in the same case, including Dinesh Arora and Gautam Malhotra, were granted similar permissions to travel abroad. He highlighted that in Malhotra's case, even the Lookout Circular (LOC) had been suspended to facilitate his travel.  

However, the Enforcement Directorate (ED), represented by Advocate Gurnani, opposed the application. The ED contended that the petitioner had not provided specific documents to substantiate the medical condition of his father-in-law and argued that the reason for travel was based on an unverified averment. Furthermore, the ED emphasized the existence of an independent LOC against the petitioner and asserted that he was required for trial proceedings.  

After considering the arguments, the court acknowledged the previous bail order and the petitioner's compliance with its conditions. The court directed the trial court to release Mahandru’s passport temporarily and ordered the suspension of the LOC against him for the duration of his travel. It further instructed the Investigating Officer (IO) to inform the appropriate authorities about the permission granted for the petitioner’s travel.  

Updates in Connected matters

Tensions escalated between Arvind Kejriwal and the ED due to the agency's repeated requests for adjournments in Kejriwal's petition challenging the complaint filed over his alleged non-compliance with summons. Senior Advocate Rebecca John, representing Kejriwal, contended before the court that the initial summons was issued by Assistant Director Joginder, while subsequent summonses were issued by Officer Sandeep Sharma, thereby violating Section 174 IPC. 

Case Title: Sameer Mahandru v ED