Back
SABYASACHI BHATTACHARYYA
Manish Mittal – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The petitioner is the Chief Executive Officer (CEO) of a Steel Conglomerate by the name of Dimensions Steel Private Limited and is required to travel across the globe in connection with his work. A copy of the Passport has been annexed which indicates the travel history of the petitioner. When the petitioner boarded a plane for Bangladesh on May 16, 2022 after completing necessary formalities such as immigration clearance, five men approached the petitioner, out of whom three were in the uniform of the Customs Department, and demanded to see the petitioner’s passport. Upon the petitioner handing over the passport, the petitioner was requested to alight from the aircraft and to accompany the said officials to their office. Subsequently, the petitioner was prevented from boarding the flight and was informed that the petitioner was to be restrained from travelling. However, no further reason was allegedly given to the petitioner. After detaining the petitioner for about 2-3 hours in the Customs Office of the Airport, the passport was handed back to the petitioner and he was allowed to leave the airport with the caveat that he will not be allowe
The issuance of a Look Out Circular (LOC) must be in accordance with the Central Government guidelines and must be based on reasonable grounds. The right to personal liberty and freedom of movement u....
The main legal point established is the requirement for procedural safeguards in the issuance of Look Out Circulars, ensuring compliance with principles of natural justice and a fair, just, and reaso....
Preventing a person from traveling abroad cannot be a mode of recovery of dues by the bank. The value of the secured property exceeded the amount due from the petitioner to the bank, and the bank's a....
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 established that Lookout Circulars cannot be issued solely based on financial default; there must be evidence of criminal activity or a legitimate risk of flight.
The central legal point established in the judgment is the high threshold required to deny a person the right to travel abroad, the need for a fair and just procedure in issuing and extending Look Ou....
The judgment establishes the principle that the right to travel abroad is protected under the Constitution of India and cannot be deprived without following fair, just, and reasonable procedures.
The central legal point established in the judgment is that the right to travel abroad, as guaranteed by Article 21 of the Constitution of India, cannot be curtailed unless a very high threshold is m....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
