NANDINI BHARADWAJ NANJUNDASWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India praying for a direction upon the respondents, especially the respondent nos. 2 and 3 to show cause as to why the petitioner no. 1 could not travel to Dubai to meet the petitioner no. 1 and a direction upon the respondent no. 2 to allow the petitioner no. 1 to travel to Dubai.

(2.) On 22/6/2023 while hearing this matter, a Co-ordinate Bench of this Court enquired as to whether the writ petitioner no. 2 who was the main accused in the accused was willing to appear in answer to the summons dtd. 14/12/2022 addressed to him by the Enforcement Directorate (ED, for short). On 26/6/2023, the Court was informed that the petitioner no. 2 shall be available at Kolkata on 25/8/2023 for participating in the enquiries. Accordingly, the Court directed that not coercive measures shall be taken against the petitioner no. 2 by the ED subject to participation in the enquiry till 28/8/2023. In the event the ED wanted custodial interrogation, they shall indicate the same on the adjourned date. Subsequently, the petitioner no. 2 entered into India at a prior date, informed the ED about his presence and offered to be examined. He was examined on a few dates. Thereafter, the ED filed an application praying for vacating of the interim protection granted on 26/6/2023. Affidavits were filed.

(3.) After an intervening fiasco that the petitioners were apprehended by the CID near the Court, they were let go with a notice on the petitioner no. 2 for examination.