Delhi HC Allows to Upma Chandra to Travel US

The Delhi High Court has allowed Upma Chandra, wife of Ajay Chandra who is accused in Unitech’s money laundering case, to travel to the United States for 17 days after suspending a Look Out Circular (LOC) against her. Chandra sought suspension of her LOC to attend her son’s graduation ceremony in the US. Sanjay Chandra, her brother-in-law, is also implicated in the same case.

On Monday, Justice Subramonium Prasad permitted Upma Chandra to travel to the US from May 21 to June 6, 2024, following the suspension of the LOC against her. The High Court’s order, uploaded today, specifies that the suspension of the LOC will last for 17 days to allow her to attend her son’s graduation at Cornell University, Ithaca, New York. She is required to deposit an FDR of Rs 50 lakh and the original title deed of her father’s residential property.

Upma Chandra had applied for the LOC suspension to enable her to travel to the US from May 21 to June 6, 2024. An LOC had been issued against her in 2021. Her husband and brother-in-law have been in custody since 2018 due to their involvement in the money laundering case.

The High Court noted that before the LOC was issued, the Special CBI Court had permitted Chandra to travel abroad multiple times. Senior advocate Mohit Mathur, representing Chandra, mentioned that she resides in Delhi with her 81-year-old mother-in-law and has always cooperated with the Investigating Authority. Her father also lives in Delhi. Mathur argued that Chandra has strong societal ties and there is no risk of her not returning to India.

The Special Counsel for the Enforcement Directorate (ED) opposed her application, noting that her husband and brother-in-law are involved in about 76 FIRs, with the proceeds of crime amounting to Rs 7,612 crore, of which properties worth Rs 1,257.55 crore have been attached. The ED also claimed that Chandra had influenced witnesses and had been involved in the destruction of evidence, citing notes found during a search and a statement from her mother-in-law.

After considering the submissions, the court granted permission, stating, “This Court is inclined to suspend the LOC opened against the Petitioner for a period of 17 days, i.e., from May 21, 2024, to June 6, 2024, and permit the Petitioner to travel to the United States of America (USA) to attend the graduation ceremony of her son at Cornell University, Ithica, New York, USA.”

The High Court set several conditions, including that Chandra must mark her attendance upon arrival at the Indian Embassy in New York and provide her contact numbers, keeping at least one operational at all times except when on board the aircraft. Additionally, she must deposit her father’s and brother’s passports with the Registrar, file a self-attested copy of her passport and visa with the court upon her return, and inform the court within 24 hours of her return to India.