TMI Blog2019 (6) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... est on trial. The Investigation which is being done by the second respondent revolves around an organisation, which has been declared as unlawful organisation by the proceedings of the Government of India and persons suspected to be associated with the organisation are being investigated with regard to the alleged commission of offences under PMLA and other statute. We find the denial to be vague and not specific. In any event, we cannot comment upon the allegations or counter allegations at this juncture, as the case is under investigation. The learned Writ Court after considering the entire facts, held that the LOC was issued with statutory sanction and the respondents had jurisdiction to issue the same. We concur with the view taken by the learned Writ Court. The appellant has not made out any ground to quash the LOC - appeal dismissed. - Writ Appeal No.1524 of 2019 And C.M.P.No.10366 of 2019 - - - Dated:- 17-6-2019 - Mr. Justice T.S. Sivagnanam And Mr. Justice N. Sathish Kumar For the Appellant : Mr.P.R.Raman Sr. Counsel for M/s.A.Uma Sankar JUDGMENT T.S.SIVAGNANAM, J. This appeal b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ociation and does not apply to the appellant. Thus, it is the submission of the learned Senior counsel that the appellant had clearly disclosed his intention not to evade due process of law in India, and hence, there is no cause for issuance of LOC and by doing so, it amounts to abuse of legal process. In support of his contention, the learned Senior counsel placed reliance on the decision of the Division Bench in the case of Karti P.Chidambaram vs. Bureau of Immigration reported in 2018 SCC Online Madras 2229 . 4. We have elaborately heard the learned Senior counsel appearing for the appellant and carefully perused the materials placed on record. 5. The challenge to the LOC is primarily on the ground that the appellant has been cooperating with the on going investigation done by the respondents and there is absolutely no cause for issuance of LOC. The appellant would state that he has strong roots in India, particularly in Tamil Nadu, he owns immovable properties in Chennai and has several relatives in and around Chennai. At the very outset, we need to point out that the Courts have to exercise restraint while criminal investigation is bein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dulging in unlawful activities and through his provocative utterances, promoting enmity, hatred between different religious groups in India. Further, it is stated that the inflammatory speeches and lectures have inspired and incited a number of youth in India to commit unlawful activities and terrorists acts. It is stated that during the course of investigation, it is revealed that the said organisation was registered as a trust and received funds in the form of donations both from local donors and international donors. The President of the said organisation had established certain companies to camouflage diversion of funds received from him to illegal activities of provocative speeches and one such company being a private limited company registered at Mumbai under the name and style of M/s.Harmony Media Pvt., Ltd., Mumbai. This company was initially incorporated by the President of the said association along with another person, who is stated to be his close confidante and associate and the sister of the President, three of them being the Directors. The said company was involved in the business of pre and post production activities of the President speeches, speech videos and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant is deliberately and intentionally not providing the said documents and he is not co-operating with the investigation. It is further stated that the case is still under investigation and the details of investigation cannot be revealed and if done, it would jeopardise the investigation. The respondents seek for a direction upon the appellant to come out with the details/documents as required as promised during the course of recording the appellant's statement, as they are of utmost importance and crucial for investigation. Further, it is stated that the appellant is in regular contact with the main suspect and was operating the company Global Broadcasting Corporation on his behalf. Further, it is stated that the appellant is not parting with the information/documents, which are in exclusive possession and domain, even after giving considerable opportunity. Thus, the respondents would state that if the appellant is allowed to leave the country at this stage, he will never be available for the investigation and more particularly the main suspect, the President of the unlawful association who is also not available and is out of India, will be alerted about the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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