New Delhi, Jul 10(ILNS) The Delhi High Court today suspended the Look Out Circular for four weeks and granted permission to Shivani Saxena alleged accused in VVIP Chopper scam to travel to Switzerland and UAE for her medical treatment as she has been suffering from osteoporosis and related spinal problems.
A single-judge bench of Justice Rekha Palli passed the order while hearing the application filed by Shivani Saxena for suspension of the LOC issued against her, for a period of three months.
Justice Rekha Palli noted in her order that, “I have considered the submissions of the counsel for the parties. Keeping in view the fact that the petitioner is keen to visit to Zurich, Switzerland for medical treatment as also the fact that her entire family except her husband are living in UAE coupled with the fact that she has already obtained permission from the CBI court on June 28, 2021 to travel abroad for three months, I am inclined to suspend the LOC for a period of four weeks and grant permission to her to travel to Switzerland and UAE. The LOC is, accordingly, suspended for a period of four weeks and the petitioner is granted permission to travel to Switzerland and UAE.”
During the hearing of the case Advocate RK Handoo appearing for the petitioner submitted that she has been suffering from osteoporosis and related spinal problems since 2018 and has been consulting Dr.Peter Kremer at NeuroSpine Centre in Zurich, Switzerland, who had specifically advised that the petitioner does not need any spinal surgery, even though all other doctors she consulted have advised her to undergo surgery at the earliest. “petitioner who has traveled abroad at least 13 times since 2018, with permission of this Court has never misused the liberty granted to her and, therefore, prays the LOC be suspended to enable her to visit UAE, USA and Europe,” he said.
Whereas the counsel appearing for ED vehemently opposed the application and submitted that the petitioner is a co-signatory with her husband in various bank accounts in Switzerland and, therefore, the respondent has a serious apprehension that in case the petitioner is allowed to go to Zurich, Switzerland, she may operate those bank accounts– details of some of which are not yet available with the respondent and transfer the funds from those accounts, thereby hampering the investigation.
To this petitioner’s counsel replied, even though the aforesaid ground of the likelihood of the petitioner operating any bank account in Zurich, was not taken by the respondent before the Ld. CBI Court; the only bank accounts, in which the she is a co-signatory already stand attached and, therefore there is no question of her operating or tampering with that account.
The Court however imposed certain conditions that she shall file an undertaking that she will visit only Switzerland and Dubai, UAE during the period. Further the High Court has directed the ED to make arrangement for an official from Embassy to accompany her, when she reaches Zurich, if they want to. The Court directed her to intimate the details of her itinerary to ED, including the place of her stay.
The court has also directed her not to tamper the evidence and not to operate any bank account while she is in Zurich, Switzerland. The court directed her to comply with all conditions imposed by CBI Court including direction to deposit Rupees 50 lacs as a security, which shall be forfeited in case of breach of conditions. The Court has directed her to return back to India within four weeks.
According to the case filed by the Enforcement Directorate, UK-based Agusta Westland International Limited had paid 58 million euros as kickbacks through Tunisia-based Gordian Services Sarl and IDS Sarl.
These companies siphoned off the money in the name of consultancy contracts to Interstellar Technologies Ltd and others and the funds were further transferred to UHY Saxena and Matrix Holdings Ltd in Dubai.
Shivani Saxena is the director of two Dubai-based firms M/s UHY Saxena and M/s Matrix Holdings through which the proceeds of crime was routed, the prosecution alleged./ILNS/KR/SNG