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Delhi HC allows black money Act accused Bhavya Bishnoi to travel to US
In 2019, Bhavya, who is the son of Adampur MLA Kuldeep Bishnoi, was stopped from boarding a flight to Dubai as he was booked under the undisclosed foreign income and assets case Act
A division bench of the Delhi high court (HC) has allowed Bhavya Bishnoi, the son of Adampur MLA Kuldeep Bishnoi, to travel to the United States to study masters in public administration at Harvard Kennedy School for two years, subject to certain conditions, including the surrender of passports by father and son.
Bhavya, who unsuccessfully contested the 2019 Lok Sabha elections from Hisar on a Congress ticket, and his father are accused under the black money Act.
The bench of chief justice DN Patel and justice Jyoti Singh, while upholding the August 4 order of single judge justice Rekha Palli to permit Bhavya to travel to the US for studies on August 9, said he is being permitted to travel subject to compliance of the conditions imposed by the single judge and abiding by the undertaking given to the court.
The income tax authorities had challenged the order of the single judge before the division bench. The single judge had also ordered that Kuldeep Bishnoi will file an undertaking before the high court registrar general that he will not leave the country as long as his son is abroad.
“The registrar general will keep passports of Kuldeep Bishnoi in safe custody in a sealed cover. As and when he requires the passports for genuine and valid reasons, he may apply to this court for permission,” said the division bench.
The bench also accepted Bhavya’s undertaking that he will surrender his passport with the authorities concerned at the Indian Embassy in the US within a week of reaching Harvard. In case he requires it for a genuine cause, he can apply before the court.
‘Sanction to prosecute Bishnoi’s granted’
The counsel for the Union government had submitted before the single judge that the sanction for the prosecution of the father and son under Section 50 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (Black Money Act), a cognisable and non-bailable offence, has already been granted.
“In fact, a complaint in this regard stands filed before additional chief metropolitan magistrate, special Acts, Tis Hazari, in accordance with law. The complaint is likely to be taken up for consideration in the next few days and so, in case the petitioner is permitted to go abroad, the proceedings already initiated under the Black Money Act against him may be rendered infructuous,” the counsel had told the single judge.
Look out circular stands expired?
Bhavya’s counsel had contended before the single judge that a look out circular (LOC) against him was issued in 2019 at the behest of the income tax authorities, a fact which came to his knowledge only in November 2019, when he was stopped from boarding a flight to Dubai at the Delhi airport.
The single judge, in her order, said the question of whether the LOC issued in 2019 can now stand in the way of the petitioner travelling abroad is yet to be determined.
The judge said though the income tax department claims to have already filed a complaint against Bhavya for an offence under the Black Money Act, no cognisance has been taken of the complaint.
Bhavya’s counsel also submitted before the division bench that the competent authority, during the search and seizure proceedings, had seized assets of his and his family members valued at ₹30.38 crore. This is over and above the condition imposed by the single judge directing him to deposit ₹1 crore with the high court registrar general.
