Henna Alagh v. Union Of India And ANR

$~180 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5874/2024 & CM APPLs. 24265/2024, 25464/2024 HENNA ALAGH .....Petitioner Through:

Mr. Amit Khanna and Mr. Sahil Tokas, Advocates.

versus UNION OF INDIA AND ANR .....Respondents Through:

Mr. Ashish K. Dixit, CGSC with Ms.

Rashi Mangal, G.P., Ms.

Urmila Sharma, Ms. Deepika Kalra and Ms.

Venmika Kakkar, Advocates for R-1.

Mr. Manish Jain, Spl. Counsel with Ms. Sougata Ganguly, Mr. Gulnaz Khan and Mr.

Snehal Sharda, Advocates for ED.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 10.12.2024 1.

On 29th November, 2024, the following directions were issued: "1.

Mr. Manish Jain, Standing Counsel for ED, on instructions, states that in case the Petitioner undertakes to cooperate in the ongoing investigation under the Prevention of Money-laundering Act, 2002 in ECIR/GNZO/04/2023, the ED may be inclined to withdraw the LOC against the Petitioner, in accordance with law. He states that he will file an appropriate affidavit/reply to this effect within a period of one week from today.

2.

Counsel for the Petitioner states that the Petitioner expressly undertakes to cooperate in the said investigation, and his statement is taken on record.

3.

Re-notify on 09th December, 2024."

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2.

In terms of the aforenoted directions, Respondent No. 2 - Directorate of Enforcement1 has filed a status report to the following effect: "1.

That I am authorized on behalf of the Directorate of Enforcement to file the present status report and am fully conversant with the facts of the present case, and am competent to swear this affidavit.

2.

That the present status report is being filed in terms of order dated 29. 11.2024 passed by this Hon'ble Court in the captioned writ petition filed by the Petitioner under Article 226 of the Constitution of India, seeking directions for quashing of the Look Out Circular (LOC) issued against the Petitioner by the Respondents herein.

3.

That in this regard, it is respectfully submitted that without prejudice to the rights and contentions of this Respondent Directorate, the Respondent Directorate is willing to withdraw the LOC issued against the Petitioner, in accordance with law, if the Petitioner undertakes to cooperate in the ongoing investigation under the Prevention of Money-laundering Act, 2002 in ECIR/GNZO/04/2023.

4.

That accordingly, in the light of the above submissions, it is respectfully submitted that this Hon'ble Court may be pleased to dispose of the captioned writ petition filed by the Petitioner, subject to the undertaking given by the Petitioner. 5.

That the Respondent Directorate seeks the liberty of this Hon'ble Court to make additional submissions at the time of oral arguments before this Hon'ble Court."

3.

Counsel for Petitioner states on instructions, that they undertake to cooperate in the ongoing investigation in ECIR/GNZO/04/2023 under the Prevention of Money Laundering Act, 2002.

4.

In light of the aforenoted undertaking given by the Petitioner and the status report filed by ED, it is directed that the LOC issued by Bureau of Immigration at the request of Respondent No. 2 - ED, in relation to the 1 "ED"

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aforenoted ECIR, shall stand quashed. The Petitioner shall remain bound by the undertaking noted above.

5.

Accordingly, the present writ petition is disposed of along with pending applications.

SANJEEV NARULA, J DECEMBER 10, 2024 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.