The Delhi High Court on Friday permitted former BharatPe managing director Ashneer Grover and his wife Madhuri Jain Grover to travel to the United States of America, subject to certain conditions.
The approval was granted in two applications seeking permission to travel to the USA filed in the couple’s pending petitions challenging Look Out Circulars (LOC) issued against them in November 2023 in connection with the ongoing investigation by Delhi Police’s Economic Offences Wing (EOW).
The police registered a First Information Report (FIR) last year against the Grovers and other family members for alleged misappropriation of funds and causing losses worth Rs 81 crore to Resilient Innovations Private Limited’s (RIPL), which runs UPI platform BharatPe.
A single judge bench of Justice Subramonium Prasad observed, “The purpose of opening a Look Out Circular against a person is to ensure that the investigation is not thwarted. This court is inclined to consider the suggestion given by the learned Counsel for the Petitioner and is of the opinion that if one of the spouse(s) remains in the country, the possibility of the other spouse not returning back is remote”.
In two separate orders, the HC permitted Ashneer Grover to travel to the USA between “May 26 to June 12” and thereafter permitted Madhuri Jain Grover to travel to the US between “June 12 to July 1”.
The conditions imposed on the couple are:
– Depending on the period of travel for each of the petitioners, the HC has directed that the respective spouse shall not leave India during the travel period of the respective petitioner (either Ashneer/Madhuri) and shall deposit their passport with the Investigating Authority till the respective petitioner returns back to India.
– Both the petitioners have been directed to “furnish a security” of Rs.80 crore each in the form of a Fixed Deposit Receipt (FDR) before the Registrar of the HC.
-They have to deposit the original title deeds of two separate properties (one with respect to Ashneer and other with respect to Madhuri) and they have been directed not to “transfer, alienate or create any third party rights” in these properties during their respective period of stay abroad.
– They have to furnish a detailed affidavit disclosing their detailed itinerary, including stay at various stations abroad, telephone numbers and residential/hotel addresses.
– The petitioners have been asked to file an undertaking that they both shall adhere to the itinerary mentioned in the affidavit and will not visit any other stations.
– The petitioners have been directed to furnish a copy of their respective air tickets before the Registrar of the HC.
– The couple has been directed to provide the contact numbers which they both will be respectively using (separate of Ashneer and Madhuri) during their period of stay abroad; at least one of these contact numbers will be kept operational all times, “subject to all fair exceptions” including the period he/she is on board the aircraft.
– The petitioners have been told to undertake that they will pick up the calls of the investigating officer during their stay abroad.
– The couple has been asked to share their respective live location twice a day with the investigating officer during their stay aboard.
– The petitioner’s spouse will make herself/himself available as and when called by the investigating officer for the purpose of investigation during the time the Petitioner is travelling.
Other than these conditions, the Grovers have been asked to intimate the High Court within 48 hours of their respective return to India.
The HC has further said that neither Ashneer nor Madhuri will extend their respective travel dates and shall return to India as has been stipulated, and that any such plea for extension of stay abroad “will not be entertained”.
The court has further directed them to give an undertaking to the court that they will not alienate their shares in RIPL or any of its assets during the period of travel.
The Grovers been asked to file an undertaking that they will not tamper with any evidence, including deleting any emails/messages/call logs, or attempt to influence any witnesses during their travel period.
They have also been directed to deposit their “Emirates ID issued by the United Arab Emirates Government” to the High Court.
“In case any of the above conditions are violated, the security shall be forfeited to the State,” the HC said, while disposing of the applications.
It thereafter listed the main matter on September 2.
In their applications, the Grovers had sought permission to travel to the USA to meet their extended family members and to enable their son to join the National Student Leadership Conference at the University of California, Berkeley during his summer vacations.
Meanwhile, the EOW of the Delhi Police had raised strong objections to the travel applications stating that if the petitioners are allowed to travel abroad, there is a strong possibility that they will not return to the country.