However, the court warned him to be careful in the future. He was granted permission to travel to the UK via Dubai, Italy, and Spain on August 12, 2022. It was stated that the Vadra had to stay in Dubai due to medical exigency. The Court also discharged the show cause notice issued to Vadra. He was issued a show cause notice to explain why not his FDR be forfeited for the violation of the condition.
The notice was issued to him for his stay in Dubai. While issuing notice the court expressed its displeasure on the violation
He was granted permission to travel to the UK via Dubai. It was stated that Vadra had to stay 4 days in Dubai due to medical exigency.
Special CBI Judge Neelofer Abida Perveen said, "The applicant has tendered an unqualified and unconditional apology for the lapse which is accepted in the circumstances noted above, however, the applicant is warned to remain careful in future. The Show cause notice to stand accordingly discharged."
The applicant has shown sufficient cause and satisfactory explanation for the 4 days stop over at UAE, the compliance report is taken on record. As the applicant has returned to the country in terms of the permission granted, the FDR deposited on August 22, 2022, is ordered to be released in terms of the authorization letter filed with the application in favor of Shambhu Prasad upon due identification and against receipt, the CBI Judge said in the order of September 24.
The Court observed, " Though the omission in seeking modification of the order of August 12, 2022, cannot be condoned as such however from the contents of the affidavit I am satisfied that the mission is not intentional the explanation is not an afterthought and conduct of the applicant does not lack in bona fides and good faith."
It was submitted on behalf of Robert Vadra that a mistake has occurred in as much as an amended application seeking permission to stay over at Dubai for four days during the trip to the UK pursuant to permission granted by this Hon'ble Court to travel abroad was required to be filed and that it is deeply regretted that out of inadvertence the same was not filed, however, the conduct of the applicant throughout has been nothing less than bonafide.
It was also submitted that this buffer of a brief stay in Dubai was necessitated in the wake of the sudden medical emergency and that the itinerary and travel tickets were duly filed disclosing the break in journey, that the applicant would have adhered to any and every direction in the event that a query had been raised to the itinerary depicting 4 days break in the journey and would have filed amended itinerary. That it is under such circumstances that a purely bonafide mistake has occurred, and for the same, the applicant has also tendered an unconditional and unequivocal apology.
An affidavit was filed on behalf of Vadra stating that in pursuance of the order of August 12, 2022, he left for the UK on August 25, 2022, via UAE and returned to India on September 8, 2022, within the stipulated period.
It was also stated that he stayed in UAE before embarking on his further journey because he had DeepVein Thrombosis (DVT) in his left leg and he had been advised to take proper rest between long-haul flights, and during the said trip, since there was inflammation and pain in his left leg, he had to stop and seek medical advice in Dubai on August 27, 2022, at the
LGA medical Facilitation Centre is meant for medical emergencies of travelers in Dubai where he was advised for further medical treatment in this respect.
The Enforcement Directorate alleged that the violation is deliberate and intentional and the applicant has tried to circumvent the order of the Court, for the Directorate, as is duly noted in the order of August 12, 2022, had opposed the permission sought to travel to UAE as well as the UK.
The Court noted that the record also reflects that copy of itinerary/travel tickets/places of stay documents submitted with the application on August 22, 2022, was also with the Directorate. The Directorate had due notice of the itinerary and the tickets were also on record before the applicant had embarked on the journey, no demurral is recorded at that stage.
Vadra was granted permission to travel to the UK via UAE, to Spain, and Italy for four weeks with the direction that the applicant shall restrict his stay in the UK to 10 days and subject to certain terms and conditions.
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