Delhi Court Refuses to Cancel Lookout Circular Against ATS Promoter Geetamber Anand Amid Fraud and Money Laundering Allegations

Keywords: Geetamber Anand, ATS Infrastructure, Lookout Circular, Delhi Court, FIR, Economic Offences Wing, Money Laundering, Enforcement Directorate,

Delhi Court Denies Cancellation of Lookout Circular Against ATS Promoter Amid Fraud and Money Laundering Allegations

A Delhi court has rejected a plea seeking the cancellation of a Lookout Circular (LOC) issued against Geetamber Anand, the promoter of real estate company ATS Infrastructure Limited, and his wife Poonam Anand. The LOC was issued in connection with multiple First Information Reports (FIRs) filed against the builder, including charges of fraud by the Economic Offence Wing (EOW) of the Delhi Police and a money laundering case by the Enforcement Directorate (ED).

Judicial Magistrate Yashdeep Chahal, in an order passed on September 13, 2024, upheld the LOC, stating that it served as a critical safeguard to ensure the judicial process would not be obstructed. The court expressed concern that while the Anands had appeared for investigations when required, the LOC would prevent them from frustrating the judicial process by absconding, particularly in the absence of a court-enforceable mechanism to prevent unauthorized international travel.

Legal Justifications for the LOC:

In his ruling, Magistrate Chahal emphasized that “reasonable restrictions could always be imposed on the right to life and personal liberty in accordance with the procedure prescribed by law.” This reflects the balance between safeguarding personal liberty and ensuring that accused individuals do not escape legal proceedings, especially in cases involving serious charges like economic fraud and money laundering.

The court noted that requiring the Anands to obtain prior permission for traveling abroad could be insufficient, as the accused could potentially travel without adhering to the court’s directives. Therefore, maintaining the LOC was seen as a necessary preventive measure.

The Allegations Against ATS Infrastructure and Geetamber Anand:

The FIRs against Geetamber Anand and his company ATS Infrastructure Limited include allegations of defrauding homebuyers. The Economic Offences Wing (EOW) of the Delhi Police filed several complaints based on accusations that ATS failed to deliver promised projects, leaving homebuyers financially vulnerable. Moreover, the Enforcement Directorate (ED) has lodged a separate money laundering case against Anand, further complicating his legal situation.

Right to Know the Reason for Travel Restrictions:

Although the court refused to cancel the LOC, Magistrate Chahal did acknowledge the accused’s right to be informed of the reasons for any restrictions on their travel. The judge stated that while authorities may prevent the accused from traveling abroad, it is the accused’s fundamental right to be informed of the reasons for stalling their travel. This decision aligns with constitutional principles of due process and transparency in legal proceedings.

Implications of the Decision:

The court’s refusal to recall or cancel the LOC sends a strong message that individuals facing serious criminal charges, particularly in cases involving economic offences, cannot evade legal scrutiny by leaving the country. This case also underscores the importance of lookout circulars as a tool in ensuring compliance with the law and preventing flight risks in high-stakes criminal investigations.

However, the ruling also serves as a reminder that even in such preventive actions, the accused’s right to due process must be respected, as authorities are expected to provide justifications for restricting fundamental rights like travel.

Conclusion:

As the investigation into ATS Infrastructure Limited and its promoter Geetamber Anand continues, the court’s decision to uphold the LOC ensures that Anand remains within the reach of Indian law enforcement agencies. With the fraud and money laundering cases still active, the LOC remains a crucial mechanism in safeguarding the judicial process. This development further exemplifies the legal system’s balancing act between individual rights and the need for effective law enforcement in complex financial crimes.

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