Delhi High Court refuses to stay single judge order allowing INC leader Bhavya Bishnoi to travel to Harvard University for PG studies

The Delhi High Court on Monday refused to stay a single-judge order allowing Indian National Congress (INC) leader Bhavya Bishnoi to travel to the United States of America to complete a two-year post-graduation course at Harvard University, Boston. [Deputy Director of Income Tax (Investigation) Unit Vs. Bhavya Bishnoi & Ors.] .Earlier on August 4, a single-judge Justice Rekha Palli had allowed Bishnoi, who presently stands accused under Section 50 of the Black Money Act, 2015, to go abroad for pursuing his studies, subject to various conditions. The conditions imposed included the payment of ₹ 1 crore as security..A Division Bench comprising Chief Justice DN Patel and Justice Jyoti Singh issued notice and declined to stay the single-Judge order today, observing that Bishnoi is free to travel abroad for his PG studies, provided he cooperates with the concerned authorities during the investigation.."You are free but you should also cooperate. We see no reason to stay the operation of the impugned interim order dated August 4", the Court said..While permitting Bishnoi to go ahead in pursuing his studies abroad, the Division Bench has directed Bishnoi's father, MLA Kuldeep Bishnoi, to submit his passport to the Registrar General of this Court within two days from today. The Registrar General was directed to keep the same in safe custody in a sealed cover. The Court also stated that Bishnoi's father can apply for the release of the said passport in case of 'genuine and valid reasons.'.The Court has also ordered Bishnoi to submit his passport at the Indian Embassy at Boston upon reaching there. The Court further directed that his passport remain be in the custody of the Embassy until further orders of the Court. Moreover, Bishnoi and his father are to provide their valid email IDs today itself for the purpose of issuing summons to them..Advocate Anurag Singh, on behalf of Bishnoi, had assured the Court that Congress MLA and father of the accused, Kuldeep Bishnoi will not leave the country as long as his son is outside the country.Bishnoi had been admitted to Masters Programme in Public Administration (MPA) at the Harvard Kennedy School for which he needed to travel to the United States on August 10, 2021, the Court was told.It was also contended that the properties in question, in respect of which the Black Money Act proceedings were initiated, belonged to Bishnoi when he was aged merely three years of age..Senior Standing Counsel for the Income Tax Unit, Vibhooti Malhotra, highlighted that if Bishnoi is allowed to leave for two years, he could establish legal residency in the United States, thereby rendering the Black Money Act proceedings infructuous..The matter will be heard next on September 30..Advocate Anurag Singh along with advocates NP Sahni and Naveen Kumar appeared for Bhavya Bishnoi.Senior Standing Counsel for the Income Tax Department, Vibhooti Malhotra along with advocates Shailender Singh and Udit Sharma appeared for the Deputy Director of Income Tax (Investigation) Unit..Earlier this year, Bishnoi had also travelled to Dubai upon furnishing a surety of ₹ 5 Lakh and additional security to the Registrar General of the Delhi High Court..[Read Order]