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YASHWANT VARMA
Prannoy Roy And Another – Appellant
Versus
Union Of India – Respondent
ORDER
CM APPL. 23632/2022 (Permission)
1. This application has been preferred by the petitioners for being accorded interim permission to travel abroad between 01 August 2022 to 30 August 2022 and time to time thereafter. Mr. Rohatgi, learned Senior Counsel appearing in support of the application has however submitted that the petitioners at this stage seek to restrict the permission sought for the month of August only.
2. The aforesaid prayer is addressed in the backdrop of Look Out Circulars [LOC] having been issued against the petitioners. The LOC in turn had come to be opened pursuant to the registration of two FIR's dated 2 June 2017 and 19 August 2019. The Court notes that although investigation is ongoing, till date no chargesheet has been filed by CBI. From the record the Court notes that an earlier LOC which had been issued had expired on 19 June 2020. A second LOC is thereafter stated to have been opened on 11 January 2021. Although Mr. Rohatgi contends that the aforesaid Circular would not subsist after the expiry of one year from the date of its issuance, the said contention is opposed by learned Counsel appearing for the CBI who contends that in terms of the Office Memora
The absence of chargesheet by CBI, lack of evidence indicating the petitioners as a flight risk, and their deep rooted ties in the country were considered as grounds for allowing the interim permissi....
The court has the discretion to permit travel overseas and stay Look Out Circulars subject to specified conditions.
Judicial orders granting permission for foreign travel and suspending a Look Out Circular (LOC) for a specific duration must be strictly enforced by executive and immigration authorities, superseding....
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.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
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