Delhi HC grants permission to Upma Chandra for traveling US to attend son's graduation ceremony

May 21, 2024

New Delhi [India], May 21 : The Delhi High Court has granted permission to Upma Chandra, wife of Ajay Chandra, accused in Unitech's money laundering case, to travel to the United States for 17 days after suspending a Look Out Circular (LOC) against her.
Chandra has sought suspension of her LOC to enable her to travel abroad to attend her son's graduation ceremony in the US.
Upma Chandra's brother-in-law, Sanjay Chandra, is also accused in Unitech's money laundering case.
Justice Subramonium Prasad on Monday granted permission to Upma Chandra to travel to the United States from May 21 to June 6 after an LOC was opened against her.
The High Court order was uploaded today. The High Court suspended the LOC opened against her for a period of 17 days from May 21, 2024, to June 6, 2024, and permitted the petitioner to travel to the US to attend the graduation ceremony of her son at Cornell University, Ithica, New York.
She has been directed to deposit an FDR of Rs 50 lakh and the original title deed of the residential property of her father.
Upma Chandra had filed an application seeking suspension of the Look Out Circular (LOC) opened against the petitioner for a period of 17 days i.e., from May 21, 2024, to June 6, 2024, to enable her to travel to the United States.
An LOC had been opened against her in the year 2021. Her husband and brother-in-law are accused in a money laundering case and have been in custody since 2018.
The High Court noted that Material on record discloses that before the LOC was opened against the Petitioner, the Petitioner was granted permission by the Special CBI Court to travel abroad many times.
Senior advocate Mohit Mathur appeared for Upma Chandra and stated that she is residing in Delhi with her mother-in-law, who is 81 years old. He further stated that the Petitioner has always appeared for investigation as and when called by the Investigating Authority. Her father is also residing in Delhi.
The senior advocate also stated that she has deep roots in society, and there is no apprehension that she will not come back to the country. Her application was opposed by the Special Counsel for Enforcement Directorate (ED), which stated that the Petitioner's husband and brother-in-law are involved in about 76 FIRs.
It further stated that the proceeds of crime in the matter are Rs 7,612 crore, out of which properties having a value of Rs 1,257.55 crore have been attached to date.
It was also stated that the Petitioner has also indulged in influencing witnesses. Reliance has been placed on the statement given by the mother-in-law of the petitioner, wherein the mother-in-law has stated that the Petitioner had advised her not to take her phone to the Enforcement Directorate's office.
It was also stated that during a search by the ED, certain notes had been found which had been illegally sent by the husband of the Petitioner from jail to the Petitioner, through which it could be inferred that the Petitioner has been involved in the destruction of evidence.
After hearing submissions, the bench granted permission and said, "This Court is inclined to suspend the LOC opened against the Petitioner for a period of 17 days, i.e., from May 21, 2024, to June 6, 2024, and permit the Petitioner to travel to United States of America (USA) to attend the graduation ceremony of her son at the Cornell University, Ithica, New York, USA."
Besides other conditions, the High Court has directed that the petitioner mark her attendance upon arrival at the Indian Embassy situated in New York, US.
The petitioner shall provide her contact numbers, which she will be using during the period she stays abroad, and at least one of the said contact numbers will be kept operational at all times, subject to all fair exceptions, including the period she is on board the aircraft, the High court said in the order passed on May 20.
The petitioner shall deposit in original the passports of her father and her brother with the Registrar and also file a self-attested copy of her passport along with a copy of her visa in the Court on her return to India. The Petitioner shall intimate this Court within 24 hours of her return to India, the High Court ordered.