BYUNG KOOK KANG Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed by the employees of LG Chem Ltd., (LGC) who are South Korean nationals, questioning the letter dated 28.05.2020 addressed by the Assistant Commissioner of Police, Dwaraka Sub Division, Visakhapatnam City, seeking the following directions:

(2.) The case of the petitioners is that the 1st petitioner is an Expert Advisor (Judicial Affairs), 2nd petitioner is a Professional (Judicial Affairs) in the Legal Team of LGC, 3rd petitioner is a Vice President (Public Relation) in the Communication Strategy Task of LGC and the 4th petitioner is a Professional (Human Resources and Employee Relations), Global HR Team of LGC. They have visited the LGPI plant at Visakhapatnam as a part of a delegation from LGC (South Korean Team) with a view to supplement and assist the efforts being undertaken by LGPI in assessing the situation and extending care for those affected by the incident of Styrene gas leakage. Though the petitioners have addressed the letters dated 01.06.2020 and 05.06.2020 requesting the respondent police to record their statements, but the same was delayed by the respondents without any reason and further they have restrained the petitioners from travelling to their country under the garb of pending investigation.

(3.) It is the further case of the petitioners that LGPI is a wholly owned subsidiary of LG Chemical India Private Limited (LGCI). LGCI in turn is wholly owned subsidiary of LGC. LGPI works and operates independently. The petitioners are employees of LGC and they are neither employees nor Directors of LGPI. Moreover, they are not involved in the day-to-day operations of LGPI's plant at Visakhapatnam. It is the further pleaded that the presence of the petitioners in their country is very much essential as they have their own personal obligations to be performed. Hence, the petitioners approached this Court by way of this writ petition.