Yunuskan v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13245/2018 and CM APPL. 51536/2018 YUNUSKAN ..... Petitioner Through:

Mr Biju Joseph, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr Dilbag Singh, Sr. CGC for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.05.2019 1.

The petitioner has filed the present petition, inter alia, praying as under:- "(a) Issue a Writ of mandamus directing the respondents to furnish all information regarding the reasons for having arbitrarily and unreasonably detained the petitioner on 04.06.2018 at Bangalore Airport preventing him from travelling to Melbourne in the Scheduled flight. (b) Issue a Writ of mandamus directing the respondents to furnish all information regarding their inputs, if any, from any of the intelligence wing, Interpol or any other government departments of union of India and other international agencies, that they may be used against the petitioner preventing his right to travel abroad. (c) Issue a Writ of mandamus directing the respondents to furnish all information regarding the reasons for having arbitrarily and unreasonably detained the petitioner on 04.06.2018 at Bangalore Airport preventing him from travelling to Melbourne in the Scheduled flight."

2.

The petitioner had scheduled a business trip from Bangalore to Melbourne and had confirmed bookings for the same. The petitioner's grievance is that he was detained at the Bangalore Airport on 04.06.2018 and was not permitted to board the flight within time. By the time, the immigration desk gave clearance to the petitioner to board the flight, the boarding was completed and, therefore, the petitioner could not board the same.

3.

It is contended on behalf of the petitioner that the same was without any reason and no information in this regard was provided to the petitioner. The petitioner was merely informed by the concerned immigration officer that he was required to wait till he gets the return fax from the Intelligence Bureau at Delhi.

4.

In the aforesaid context, the petitioner filed the present petition, inter alia, praying that directions be issued to the respondents to furnish all information regarding the reasons for detaining the petitioner at the Bangalore Airport on 04.06.2018.

5.

In response, the respondents have filed a counter affidavit clearly indicating that the petitioner had been detained at the Airport since a Red Corner Notice dated 17.10.2017 was issued by Interpol. The details of the said notice are also provided in the counter affidavit. 6.

In view of the above, the prayers made by the petitioner are addressed as the petitioner has now been provided with the information as sought for by him.

7.

In this view, no further orders are required to be passed in this petition. It would, of course, be open for the petitioner to avail of any substantive remedies that may be available in law. 8.

The petition is disposed of. The pending application is also disposed of.

VIBHU BAKHRU, J MAY 30, 2019 RK