Disposed

Muskan Sharma & Ors. v. Union of India & Ors.

Delhi HC10 Mar 2025W.P.(CRL)/135/2025

Case brief

AI extract

What is this about?

Petitioners challenged their detention at Indira Gandhi International Airport as illegal, claiming denial of travel and mental anguish. The Court held detention was not illegal per existing LoCs. Petition treated as representation for LoC cancellation with an opportunity of personal hearing.

What did the court decide?

Petition treated as representation for LoC cancellation; parties allowed one month to submit documents and hearing fixed for 14.04.2025.

Muskan Sharma & Ors. Vs Union of India & Ors. — Pension and Retirement Benefits | Delhi HC (2025)

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$~33

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL.) 135/2025

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MUSKAN SHARMA & ORS. .....Petitioners Through: Mr. Ankit Karna, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Amit Tiwari, CGSC with Mr. Ayush Tanwar, Ms. Ayushi Srivastava, Advs. Mr. Rahul Tyagi, SPP (NIA)

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH O R D E R

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% 10.03.2025

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This is a petition seeking declaration of the detention of the petitioners on 19.07.2024 at the Indira Gandhi International Airport, New Delhi, as illegal and seeking a grant of compensation for the loss they have suffered due to the said illegal detention.

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The brief facts of the case are that on 19.07.2024, the petitioners were not allowed to travel to Bangkok, Thailand, despite having all the valid travel documents. As a result, the petitioners have suffered a huge monetary loss and their mental health was also affected as they were continuously threatened by respondent No.2 that if the petitioners ask any reason for their detention, respondent No.2 will lock them in a room.

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It is stated that petitioner No.1 is working as an Assistant Manager in Barclays, United Kingdom and thus, is required to travel abroad and

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:44:01

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the said detention will affect her future foreign trips. Further, petitioner Nos. 2 and 3 are senior citizens and yet they were kept in a cold room without any medical aid and as a result, petitioner No.3 suffered from pneumonia.

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It is also stated that the petitioners have no criminal antecedents and thus, the petitioners were not aware of any Look-out Circular (LoC) issued against them. Hence, the present petition was filed.

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Mr. Rahul Tyagi, learned SPP (NIA), has handed over a reply on behalf of respondent No.3 today, and has informed that there were 3 LoCs bearing Nos. 2353685, 2353686 and 2353687 dated 09.12.2023 which were issued by the CIO from the Bureau of Immigration against the petitioners and hence, the petitioners were detained.

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On perusal, I am of the view that in accordance with the aforementioned LoCs, the said detention of the petitioners was not illegal.

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However, the fact that whether the said LoCs were in accordance with law or not is not the subject matter of the present petition before this Court today.

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In addition, the respondents shall treat the present petition as representation to the concerned IO for cancellation of the said LoCs and the petitioners will be entitled to give all the necessary documents in support of their pleas for cancellation of the said LoCs within 1 month from today. The petitioners are also entitled to a personal hearing before the concerned IO on 14.04.2025.

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Thereafter, the concerned IO shall pass a speaking order and in case, the petitioners are still aggrieved, the petitioners will be entitled to

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:44:01

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challenge the same in accordance with law.

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The petition is dismissed and is disposed of accordingly.

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The status report handed over in Court today is taken on record.

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JASMEET SINGH, J

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MARCH 10, 2025/DM

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Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:44:01

Muskan Sharma & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Muskan Sharma & Ors. v. Union of India & Ors.

Case brief

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