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2021 (8) TMI 1297

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..... notice on behalf of Respondent No. 1. 3. Mr. Gaurang Kanth, learned Central Government Standing Counsel accepts notice on behalf of Respondent No.2. 4. Issue notice to other Respondents, through ordinary process, returnable on 30.09.2021. 5. The Appellant assails the interim order dated 04.08.2021 passed by the learned Single Judge in C.M. No. 21426/2021 in W.P.(C) 142/2020 (Annexure A-1 to the memo of this Letters Patent Appeal). The Learned Single Judge has, vide the impugned order, permitted Respondent No.1 to travel to U.S. for a two years course in Masters in Public Administration at the Harvard Kennedy School, John F. Kennedy School, subject to the conditions stipulated therein. The relevant part of the impugned order is as follow .....

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..... dertaking before the Registrar General of this Court that he will not leave the country as long as the petitioner is abroad; (iv) The petitioner, besides the security already furnished by him in respect of AG-059 (Old No.FLG 04), Phase-I, Ansal Plaza, Greater Noida, UP and the security of Rs. 5 Lakhs - which is already lying with the Registrar General of this Court in terms of order dated 22.02.2021, will furnish a security to the satisfaction of the Registrar General of this Court for a further sum of Rs. 1 Crore in the form of an FDR or a deposit. (v) The petitioner will appear before any office of the Indian Embassy in the US, once in every eight weeks. 6. It is, however, made clear that this order will not come in the way of the c .....

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..... ek of Respondent No.1 reaching the Harvard College, Respondent No.1 shall surrender his passport with the concerned Authorities at the Office of the Indian Embassy in United States of America ('USA'), which is located closest to the College/University where respondent no. 1 is going to study. 9. The undertaking given on behalf of Respondent No.1 is accepted by this Court. It is directed that as soon as the Passport is surrendered by Respondent No.1, the concerned Authority / Officer at the Indian Embassy shall place the same in a sealed cover and retain in safe custody, until further orders passed by this Court or any other Court of competent jurisdiction, in India. Needless to state that in case Respondent No.1 requires the Passport for a .....

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..... ted to ensure that his legal and valid e-mail ID alongwith that of his father is furnished to the Appellant and the Registrar General of this Court during the course of the day. 13. We also make it explicitly clear to Respondent No. 1 that he shall cooperate in further investigations undertaken by the Appellant or the Income Tax Authority or any other competent Authority under other Statutes in connection with the complaints against him including proceedings initiated under the Indian Penal Code or Criminal Procedure Code and / or The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. 14. Surrendering of the passport by Respondent No. 1 and by his father, as stated hereinabove, and giving the e-mail addre .....

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..... ar that this Court has not varied any condition imposed by the learned Single Judge which shall remain as they are and shall be scrupulously complied with by Respondent No.1. This Court has in addition to the said conditions recorded the voluntary statements / undertakings given on behalf of Respondent No.1, which shall form part of the conditions necessarily to be fulfilled by Respondent No.1 and his father respectively. 16. A detailed compliance report shall be filed on behalf of Respondent No.1 within a period of two weeks from today, with advance copy to learned counsel for the Appellant. Liberty is granted to the Appellant to seek variations / vacation of the order passed by this Court in case there is non-compliance of the conditions .....

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