Delhi court revokes lookout circular against BJP leader Kuldeep Bishnoi in black money cases

Tribune News Service

Bhartesh Singh Thakur

Chandigarh, November 12

A Delhi court has revoked the lookout circular (LOC) against BJP leader Kuldeep Bishnoi, issued at the behest of the income tax office (ITO) in connection with black money cases pending against him.

The court observed that Bishnoi belonged to an influential political family and was well respected by his electorate. “Almost all family members of the applicant (Bishnoi) are based in India and he holds significant assets and properties in India. The applicant does not seem to be a flight risk as by absconding from India, the applicant may imperil his political career,” said the court.

Court’s observations

• Bishnoi belongs to an influential family, is well respected by his electorate and holds significant assets in India
• The applicant doesn’t seem to be a flight risk as by absconding from India, he may imperil his political career
• Seems to possess undisclosed foreign assets and properties in over a dozen countries

Rs 2 cr FDR as ‘security’ for foreign travel

• Bishnoi has to seek permission from the court each time for travelling abroad and has to deposit an interest bearing FDR of Rs 2 cr as ‘security’
• Son of former Haryana CM Bhajan Lal, Bishnoi had approached the court for quashing the lookout circular against him in 2021
• He submitted that he was a politician who had deep roots in Indian society and had much to lose by fleeing abroad

Regarding investigations, the court observed that Bishnoi seemed to “own or possess undisclosed foreign assets and properties in over a dozen countries spanning Europe, Asia, the Caribbean and North America”. The court added that information was either partially received or not received till date from more than half a dozen jurisdictions about the complete assets of Bishnoi, who was the beneficiary of multiple trusts set up by his family abroad.

The court commented that if allowed to visit the countries where Bishnoi or his family held significant foreign assets, he might try to dispose of the assets or might make an attempt to tamper with the evidence or “may simply transfer the assets to some other jurisdiction, adversely affecting the investigation being conducted by the income tax office.”

“However, a blanket ban on foreign visits of the applicant (Bishnoi) is not desirable, especially considering the fact that in Maneka Gandhi vs Union of India and others, the apex court held the right to travel abroad a fundamental right guaranteed under Article 21 of the Constitution. There is no ground to keep the LOC pending against the accused, so the same ought to be revoked,” ruled the court of Additional Chief Metropolitan Magistrate (Special Acts), Central District (Delhi), Anurag Thakur, in an order, dated November 7.

The court has imposed conditions that Bishnoi has to seek permission from the court each time for travelling abroad and has to deposit an “interest bearing FDR of Rs 2 crore” as “security during his foreign travels” and “has to appear before the investigating officer as when directed to do so”.

Bishnoi also has to give an undertaking that “he shall not dispose of any immovable asset in any foreign jurisdiction” without giving prior information to the income tax office as well as the court.

Record also reveals that besides the present cases, an investigation under Section 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, is pending against Bishnoi. He could not be contacted for comments.

Bishnoi, son of former Haryana Chief Minister Bhajan Lal, had approached the court for quashing the lookout circular against him in 2021. He submitted that “he is not a flight risk as he is a politician who has deep roots in Indian society” and has much to lose by fleeing abroad.

On the other hand, the income tax office stated that Bishnoi “is a flight risk” and informed that he controlled most of the trusts relating to his foreign assets as well as those of his son, Bhavya. A sealed envelope was placed before the court regarding the investigations and it was argued that if he was allowed to go abroad, he might dispose of the assets and tamper with the evidence.

Bhavya won the Adampur bypoll on the Bharatiya Janata Party (BJP) ticket on November 6. The seat was vacated by Kuldeep Bishnoi after leaving the Congress.

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