Delhi High Court Orders Immediate Release Of NRI Couple Allegedly Detained At IGI Airport Without Food, Water

The Delhi High Court today ordered forthwith release of a NRI couple, said to be senior-citizens and allegedly detained at the Indra Gandhi International Airport in New Delhi in pursuance of a Look Out Circular [LOC] issued in an FIR registered five years ago.

Directing the Respondents to take no coercive steps against the petitioners, Justice Rekha Palli imposed a condition on the couple to not leave the country without prior permission of the Court.

Advocate Chetan Lokur and Nitish Chaudhary approached the Court through the Registrar (Listing) seeking to quash and set aside the LOC issued against the petitioner-couple in connection with FIR No. 685/2016 registered in 2016 pending investigation with Economic Offences Wing (EOW), Section-VI, New Delhi, under Section(s) 406/420/120B of the Indian Penal Code, 1860. The couple, who has been living in the United Kingdom for several years, are named as accused in the said FIR with the allegation of involvement in criminal conspiracy leading to the commission of the said offences.

The said FIR concerns a complaint made by one Mr Rajesh Sabhrawal, who had entered into an Agreement to Sell with M/s. Rajasavi Estate & Developers Pvt. Ltd. & Ors. However, the developers failed to abide by the terms set therein. The said complaint alleges that the petitioners had also initially entered into a Collaboration Agreement with the said Developers, which, however, fell through on violations of the terms.

The petitioners argued that once the Collaboration Agreement is cancelled, the petitioners could not be faulted for the said Agreement to Sell entered not fructifying. Consequently, Mr Rajesh Sabharwal filed a recovery suit against the said Developers, which came to be decreed against them; it is submitted that no claim whatsoever was raised against the petitioners in the suit.

Informing the Court that the petitioners have duly cooperated in the said Investigation, Mr Lokur referred to replies submitted by the Petitioners on the recent notices issued by the Investigating Officer. He submitted that the issuance of LOC and the subsequent detention is 'high-handedness of the police and 'misuse and abuse of the process of law'.

The petitioners also alleged that since the morning of August 23, the senior-citizen couple had been detained at the airport without food, water, or access to the medicines, resulting in a serious violation of their fundamental rights. It was stated that the couple was given access to rest-rooms after beseeching and begging the authorities.  

The Court issued notices and listed the matter on October 18, 2021.

Title: Jasjit Singh & Anr v. Union of India & Anr.

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