REVATI MOHITE DERE, MANJUSHA DESHPANDE
Showik Indrajit Chakraborty – Appellant
Versus
Addl. Superintendent of Police, Central Bureau of Investigation New Delhi – Respondent
JUDGMENT :
REVATI MOHITE DERE, J.
1. By the aforesaid petitions, the petitioners seek quashing and setting aside/withdrawal of the Look Out Circulars (‘LOCs’) issued as against them, by the respondent No. 1-CBI.
2. The petitioners i.e. Lt. Colonel Indrajit Chakraborty and his wife-Sandhya Indrajit Chakraborty i.e. petitioner No. 2 in Writ Petition No. 3160/2023 are the parents of petitioners in Writ Petition Nos. 3135/2023 and 3885/2023.
The petitioner No. 1 in Writ Petition No. 3160/23 is a retired Army Officer, having retired from the Indian Army as a Lt. Colonel. Post retirement, the petitioner No. 1 has settled in Mumbai. The petitioner No. 2 in the said petition, is the wife of the petitioner No. 1, who was working as a teacher in various Army Schools.
It appears that the petitioner-Showik in Writ Petition No. 3135/2023 got employment with Jann Projects Pvt. Ltd. as an Executive, after he was released on bail in an NDPS case. The said Jann Projects Pvt. Ltd. is stated to be a sister concern of The Global Education and Leadership Foundation (‘GELF’). According to the petitioner, he is presently working as a Senior Manager for entrepreneurship at the GELF and as such, is required to
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The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.
The issuance and continuation of a Look-Out Circular must be justified by compelling reasons, specifically regarding flight risk or evading justice; lack of fresh evidence can render it arbitrary.
The main legal point established in the judgment is that the issuance of Look Out Circular (LOC) should be based on cognizable offences, and the guidelines for issuance of LOC should be followed. The....
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The central legal point established in the judgment is that the issuance and renewal of Look Out Circulars (LOC) must align with the legal provisions and principles outlined in the relevant Office Me....
The fundamental right to travel abroad under Article 21 of the Constitution of India requires a high threshold to be curtailed, and the issuance of Look Out Circulars (LOCs) should be limited to case....
The court emphasized the authority of the Serious Fraud Investigation Office (SFIO) and the necessity of the Petitioner's presence for effective investigation into the affairs of Gitanjali Gems Limit....
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