Case Law Details
Henna Alagh Vs Union of India And Anr. (Delhi High Court)
Delhi HC allows PMLA Accused’s Wife to travel abroad as she was not named in FIR
In the case of Henna Alagh vs. Union of India and Anr., the Delhi High Court deliberated upon an application filed by Henna Alagh, seeking permission to travel abroad to Cannes, France, from 14.05.2024 to 25.05.2024. Alagh, a model by profession, is the wife of Mr. Amit Katyal, who is currently under investigation by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA) provisions. The essence of the case revolves around whether Alagh, who is not named in any FIRs related to the investigation, should be permitted to travel abroad despite her husband’s ongoing legal issues.
Alagh stated in her application that she and Mr. Katyal had been separated since September 2022, with a pending dissolution of marriage application before the Family Court. Additionally, she emphasized that she does not hold any position in the companies owned by Mr. Katyal, which are currently under investigation by the ED.
The ED, in its response, acknowledged that Alagh has not been named as an accused in any FIRs or Enforcement Case Information Reports (ECIRs). However, they pointed out that Alagh herself admitted to certain financial transactions in her statement under Section 17 of the PMLA. She acknowledged receiving funds into her bank account from Mr. Katyal’s sources, which were then transferred to another company. The ED emphasized that the investigation is ongoing to determine Alagh’s involvement in these transactions.
During the court proceedings, Alagh’s counsel proposed certain conditions to ensure her return to India and compliance with the court’s directives. Alagh’s father offered his passport as security to assure the court of her return. He also undertook not to dispose of or create any third-party interest in his property, which is presently mortgaged with a bank. These assurances were put forth as conditions precedent for Alagh’s travel abroad.
The court, after considering the submissions from both sides, noted that Alagh has not been named in any FIRs and that there is no indication she is required for investigation during the period of her proposed travel. Consequently, the court was inclined to grant permission for her travel to Cannes, France, from 14.05.2024 to 25.05.2024, subject to certain conditions to ensure her return and compliance with the law.
The conditions imposed by the court include:
a) Alagh must furnish security of Rs. 25 lakhs in the form of a Fixed Deposit Receipt (FDR) before the Registrar of the Court.
b) Her father must provide an undertaking not to dispose of or create any third-party interest in his property during Alagh’s travel period.
c) Alagh’s father must deposit his passport with the Registrar of the Court.
d) Alagh must submit a detailed itinerary disclosing her travel plans, including stay locations, contact details, and copies of air tickets.
e) She must provide contact numbers that will be operational throughout her stay abroad.
f) Alagh must submit a self-attested copy of her passport and visa upon her return to India.
g) She must inform the court within 48 hours of her return to India.
The court emphasized that these conditions are subject to other applicable conditions and do not constitute a direction to any other authority. It also warned that any violation of these conditions would result in forfeiture of the security to the State.
Finally, the court disposed of the application and listed it before the Registrar General on 14.05.2024, with further listing scheduled before the Court on 03.09.2024.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. This application has been filed on behalf of Petitioner seeking permission to travel to Cannes, France from 14.05.2024 to 25.05.2024. The Petitioner is a model by profession.
2. It is stated that the petitioner is married to Mr. Amit Katyal, who is currently being investigated by the Respondent No. 2 under the provisions of the PMLA Act. It is stated that the Petitioner and Mr. Amit Katyal have been separated since September, 2022 and an application for dissolution of marriage is pending before the Principal Judge, Family Court, Patiala House Court. It is further stated that the Petitioner does not hold any position in any of Mr. Amit Katyal’s companies which are currently under investigation by the Respondent No.2.
3. This Court issued notice in the application and reply on behalf of Respondent No.2/ED has been filed. The reply filed by the ED does not show that the Petitioner has been arrayed as an accused in the FIRs and ECIRs and only investigation is being conducted against the Petitioner. It is further stated in the reply that the Petitioner herself has given a statement under Section 17 of the PMLA that her present residential apartment at Provence Estate, Gwal Pahari, Gurugram, has been purchased from the payment source of Mr. Amit Katyal and a sum of Rs.2.25 crores were received into her bank account from group company M/s Heaven Tradelink Pvt. Ltd. which was further transferred by the Petitioner to the account of M/s Jasmine Buildmart Private Limited. It is further stated in the reply that as per the statements given by the Petitioner under Section 17 of the PMLA, the Petitioner herself has admitted that her bank accounts were used by Mr. Amit Katyal for transferring money from one company to another.
4. The investigation is going on and it is yet to be found if the Petitioner was involved in the transactions or was she doing it at the instance of Mr. Amit Katyal. The reply filed by the ED does not indicate that the Petitioner is required for investigation between 14.05.2024 to 25.05.2024. During the course of the hearing it was stated by the learned Counsel for the Petitioner that the Petitioner’s father is prepared to give his passport as a security in order to satisfy the conscious of this Court that the Petitioner will return back to the country. Learned Counsel for the Petitioner has also stated that the father of the Petitioner is also prepared to give an undertaking that he will not create any third party rights on his property, bearing Apartment No.T4-2203, 21st floor, Tower T4, Tata Primanti, Sector 72, Gurugram, which at present is mortgaged with the Kotak Bank, as a condition precedent in order to enable the Petitioner to travel abroad.
5. In view of the fact that Petitioner has not been named in any of the FIRs, this Court is inclined to grant permission to Petitioner to travel to Cannes, France from 14.05.2024 to 25.05.2024 on the following conditions:
a) The Petitioner is directed to furnish a security for a sum of Rs.25 lakhs in the form of an FDR before the learned Registrar of this Court.
b) Petitioner’s father is directed to give an undertaking that he shall neither dispose off nor create any third party interest in property, bearing Apartment No.T4-2203, 21st floor, Tower T4, Tata Primanti, Sector 72, Gurugram, during the period the Petitioner is travelling outside the country.
c) Petitioner’s father is directed to deposit his Passport with the Registrar of this Court.
d) That Petitioner shall furnish a detailed affidavit disclosing her detailed itinerary, including his stay at various stations abroad, telephone numbers and residential/hotel addresses. The Petitioner shall also file an undertaking that she shall adhere to the itinerary mentioned in the affidavit and will not visit any other stations. The Petitioner shall also furnish a copy of the air tickets that she has purchased for his travel before the learned Registrar.
e) The Petitioner shall provide the contact numbers which she will be using during the period he stays abroad, and at least one of the said contact numbers will be kept operational at all times, subject to all fair exceptions, including the period he is on board the aircraft.
f) That Petitioner shall file a self-attested copy of her Passport along with a copy of her visa in the Court on his return to India.
g) The Petitioner shall intimate this Court within 48 hours of her return to India.
h) The permission to travel abroad given in this order shall be subject to other applicable conditions and will not be deemed as a direction to any other authority.
i) In case any of the above conditions are violated, the security shall be forfeited to the State.
3. The application is disposed of.
4. List before the Registrar General on 14.05.2024.
W.P.(C) 5874/2024
5. List before Court on 03.09.2024.
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