CHERUVATHUR CHAKKUTTY THAMPI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Writ Petition in W.P.No.1104 of 2017 has been filed to issue a Writ of Mandamus to direct the respondents to forthwith withdraw the Look out Circular (LOC) issued against the petitioner. The petitioner has also filed another Writ Petition in W.P.No.1105 of 2017 to issue a Mandamus to direct the respondents to permit him to have the assistance of his legal counsel and auditor during all personal hearings before the respondents. Yet another Writ Petition in W.P.No.1106 of 2017 has been filed by the petitioner praying to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent in the impugned order bearing Ref.F.No.T-3/219/HQ/2015 dated 23.12.2016 and the Corrigendum in Ref.F.No.T-3/219/HQ/2015 dated 30.12.2016 and set aside the same as being arbitrary and illegal, and consequently directing the second respondent to forthwith release the petitioner's passport bearing No.Z3313067.

(2.) The petitioner is a Non Resident Indian [NRI]. He is a promoter of various businesses in United Arab Emirates. He has been investing money in India by purchasing agricultural lands. While so, the respondents have initiated investigation against him for having purchased agricultural lands in India in violation of Foreign Exchange Management Act (in short) FEMA). In this context, a summon dated 06.11.2012 was issued to the petitioner requiring him to appear for an enquiry on 16.11.2012 at Cochin and the petitioner also appeared for such enquiry on 26.11.2012 and produced the documents required. The petitioner also received series of such summons from the respondents for his appearance in connection with the investigation both at Cochin and Delhi. Challenging the initiation of investigation against him, the petitioner has filed writ petition before the Kerala High Court and obtained interim stay. Ultimately, the Kerala High Court dismissed the writ petition filed by the petitioner on 06.09.2016. Thereafter, summon was issued to the petitioner on 13.12016 calling upon him to appear for an inquiry on 06.02017. According to the petitioner, before he could appear on the relevant date, since his sister was in death bed, he landed at Chennai Airport on 23.12016 on a private visit and on that date he was wrongfully detained in custody for one day on the basis of the alleged LOC, which according to the petitioner, was issued without any prior notice to him. In such circumstances, the petitioner filed Habeas Corpus Petition No. 2699 of 2016 before this Court and on the basis of an order dated 23.12016 passed by this Court in the above said case, he was released from detention. On the same date namely 23.12016, the petitioner's passport was ordered to be impounded under the provisions of FEMA read with Income Tax Act. Later, a corrigendum was issued on 30.12016 by the second respondent clarifying that the passport of the petitioner is impounded for 90 days. In the meantime, the petitioner was directed to appear for inquiry on 26.12016, which was postponed on being informed about the demise of the petitioner's sister and consequently he was directed to appear on 15.01.2017 though it was a Sunday. Even the hearing on 15.01.2017 was postponed on 23.01.2017.

(3.) When the writ petition was taken up for admission on 12.01.2017, this Court permitted the petitioner to appear before the concerned authority at New Delhi for an enquiry on 15.01.2017 along with his lawyer. It is now brought to the notice of this Court that on 15.01.2017, the enquiry was adjourned to 201.2017 and it was conducted on that day. Now, the enquiry is postponed to 002.2017. On both the dates of enquiry, the petitioner appeared before the respondents.