Mumbai, Jun 6 (PTI) A probe agency can not dictate terms as to which course a student should pursue, a court here has said while allowing Yes Bank promoter Rana Kapoor's daughter Roshni Kapoor to travel abroad.
Special judge for Prevention of Money Laundering Act cases M G Deshpande rejected the Enforcement Directorate's (ED) plea that she could take an online course instead, and allowed her to travel to New Jersey in the US.
The detailed order became available on Tuesday.
The Enforcement Directorate (ED) arrested Rana Kapoor in connection with the Yes Bank fraud case in March 2020.
Kapoor's wife Bindu and daughters Rakhee Kapoor Tandon, Roshni Kapoor and Radha Kapoor were linked to some companies in which "proceeds of crime" were traced, the ED has claimed.
"Ever since she has been facing these cases, she has not committed breach of any condition imposed on her by various courts. Her father is in jail since long. Ever since she has been facing these cases her future career has become stagnant," the judge said.
Roshni wanted to join a 22-day course offered by Christie's Education and had deposited huge fees, the court noted.
On the ED's contention that such courses can be done online, the court said a student has every right to avail of any course as per her choice. If she was permitted to travel abroad, no prejudice will be caused to both the CBI and ED, the court said, granting Roshni's plea.
The court also came down heavily on the ED for not suspending the Look-Out Circular (LOC) issued against Roshni even when she was granted permission by the court to travel abroad on an earlier occasion.
If a person is stopped at an airport due to an LOC, the permission granted by the court "automatically turns fruitless causing huge harassment to the applicant," the judge said.
The court directed the concerned authorities to suspend the LOC from June 9 to July 1. PTI AVI KRK KRK