Yesterday, On 26th June, The Delhi High Court denied Shivinder Mohan Singh’s request to travel abroad for his sons’ graduation. Justice Dharmesh Sharma, presiding over the case, expressed concerns that Singh, who owns substantial properties outside India, might not come back if permitted to leave the country.
New Delhi: The Delhi High Court, On June 26, denied a plea from former Religare promoter Shivinder Mohan Singh, who sought permission to travel abroad to attend the graduation ceremonies of his two sons.
Justice Dharmesh Sharma, presiding as a single judge, expressed concerns that Singh, who possesses substantial assets overseas, might not return to India if permitted to travel abroad.
The Court stated,
“In summary, this Court concludes that, given the prima facie evidence suggesting the petitioner has significant assets and properties, either directly or indirectly, in foreign jurisdictions as discussed above, there is a strong inference that granting him liberty to travel abroad might result in him not returning to India to face the investigation and trial, as and when it commences,”
As a result, the Court denied Singh’s plea and upheld the look-out circular (LOC) issued against him in connection with the Serious Fraud Investigation Office’s (SFIO) probe into the affairs of Religare Enterprises Limited (REL) and related entities.
The High Court addressing an appeal by Singh to overturn a June 5 order issued by the Additional Sessions Judge. The Sessions Judge had refused Singh’s request to suspend the Look-Out Circular (LOC) against him and allow him to travel abroad from June 14 to July 4 and from August 20 to September 20. This denial led Singh to file a plea before the High Court.
During the hearing, the counsel representing the Serious Fraud Investigation Office (SFIO) acknowledged the petitioner’s legitimate emotional and personal reasons for wanting to attend his sons’ graduation ceremonies.
However, they argued that ,
“The paramount economic interest of the company cannot be brushed aside, particularly when there are prima facie findings that more than Rs. 1,800 crores have been siphoned off out of India.”
After reviewing the arguments, the High Court ruled that the Sessions Judge’s decision was neither illegal nor perverse. The Court emphasized that the SFIO’s investigation is in the public interest and crucial for protecting the economic and national interests of the country, describing it as being on a “much higher pedestal.”
The Court stated,
“Indeed, attending the graduation ceremony of his son, which event is a once in a lifetime experience, is a momentous occasion in one’s life and the sentiments of fatherly love for the son cannot be brushed aside, but the same has to be given way in order to further the paramount national interest and fundamentally safeguard the interests of the stakeholders who have been deprived of their hard-earned investments in REL and other companies.”
Additionally, the Court noted the risk of Singh not returning to India if allowed to travel abroad.
The Court observed while denying the plea,
“Unhesitatingly, this court finds that the reliefs claimed by the petitioner seeking permission to go abroad to attend the graduation ceremony of his two sons on the scheduled dates cannot be allowed. There are sufficient grounds to raise an inference that in case such liberty is granted to the petitioner, he may abuse the same and may not come back to India so as to scuttle the entire investigation and the ensuing process,”
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Senior Advocate Amit Sibal, along with Advocates Aditya Dewan, Shiven Varma, Neeha Nagpal, and Vishvendra Tomar, represented the petitioner.
Central Government Standing Counsel Arunima Dwivedi, along with Advocates Piyush Kumar, Anand Kumar, Vibhav Singh, and Pinky Pawar, represented the respondents.
Read Order: [Shivinder Mohan Singh v SFIO & Anr].
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