A Delhi court has refused to cancel a lookout circular (LOC) against real estate company ATS Infrastructure Limited's promotor Geetamber Anand and his wife Poonam Anand in connection with multiple FIRs lodged against the builder.
The FIRs include those lodged by the Economic Offence Wing (EOW) of Delhi Police for allegedly defrauding homebuyers, and another a money laundering case filed by the Enforcement Directorate. Judicial Magistrate Yashdeep Chahal, in an order passed on September 13, said the accused had appeared to join the investigation as and when required, however, "the LOC appeared to be a safeguard to ensure that judicial process is not frustrated in any manner".
"Even if the applicants are directed to obtain prior permission of the court before travelling abroad, the accused could always travel without obtaining any such permission and there would be no way for the court to enforce a condition of that nature," he said. "So far as the personal liberty of the applicant is concerned, suffice is to say that reasonable restrictions could always be imposed on right to life and personal liberty in accordance with the procedure prescribed by law," the judge said. "In light of the above discussion, I do not see sufficient reasons to direct the recall or cancellation of the LOC", he added.
The judge, however, said it was not proper for the authorities concerned to stop an accused person while travelling abroad without conveying the reasons for stalling the travel. It is a basic right of the accused to know the reasons for stalling his travel and the same must be conveyed, he noted. Advocate Sanjay Abbot represented the homebuyer complainants before the court.
