Bombay High Court Temporarily Restrains Indrani Mukherjea From Visiting Spain And The United Kingdom

Single-judge Justice Sarang Kotwal passed an interim order staying the special court's order dated July 19, by which, Indrani was permitted to travel to Spain and United Kingdom for updating her bank documents and her Will with regards to her properties in Spain.

"Only for a limited purpose and limited period, there will be an interim order till July 29, when the regular court will hear the matter," Justice Kotwal said in the order.

This comes after Justice Kotwal was moved by the CBI seeking an urgent hearing of its appeal against the special court's order. The CBI sought urgent hearing as the regular court of Justice Shyam Chandak, which was to hear the central agency's appeal (as per roster) was unavailable.

Therefore, Justice Kotwal opined that instead of hearing the matter on merits, it would be better the regular court hears it in detail. He therefore, passed an interim order, which he specified, will be operational till July 29 only.

Notably, Mukerjea had applied before the special court to visit Spain to make changes to her Will with respect to her properties there. She told the court that she wants to remove her now ex-husband Peter Mukherjee's name from the Will's beneficiaries. She also pointed out that she has some bank work at her bank - Banco Sabadell in Spain. She told the court that she has to get updates about her bank account and pay the local bills and taxes for which she has to be physically present there.

As far as her travelling to UK is concerned, she had contended that she is a citizen of the UK so she wants to visit that country.

The CBI had opposed her plea arguing that she might be a flight risk and would not return to India.

However, the special court, noted that there is no straight-jacket formula to decide such applications. The court further noted that the apprehension of flight risk can be taken care of by the fact that India is a signatory to Extradition Treaties, with both Spain and the UK. The special judge, therefore said, that there were no grounds or germane objections to deny her the permission. It therefore had granted her a permission subject to paying Rs 2 lakh as a deposit.

Among other conditions imposed on her is the one to furnish details of her immovable and movable properties to the CBI, to report to the Embassy of India (both in Spain and UK) at least once during her stay. The judge has specifically told Mukherjea that she cannot seek an extension of her stay abroad as the same would automatically lead to forfeiture of her security deposit and also issuance of a non-bailable warrant against her.

Appearance:

Special Public Prosecutor Shriram Shirsath appeared for CBI.

Advocate Ranjeet Sangle represented Indrani.