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PRATHIBA M. SINGH
Sudhir Choudhrie – Appellant
Versus
Union of India – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
CM APPL. 9843/2023 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C)-4943/2021 & CM APPL. 9842/2023(for direction)
3. The present application has been filed seeking directions. The case of the Petitioner is that he is a British citizen bearing passport no. 503856621 and is now 74 years of age. He had filed the present petition challenging the Look-out circular (`LOC') which was issued against him. The Respondents are the Enforcement Directorate and the other Branches of the Union of India. Vide order dated 22nd April, 2021, the Petitioner was permitted to travel abroad. The relevant portions of the said order are set out below:
"4. The Petitioner is a British citizen bearing passport no. 503856621, who is 73 years old. The Petitioner had undergone a heart transplant in 1999 and had visited doctors in the USA for his annual medical check up. It is the Petitioner's case that he frequently visits India, on an average of two-three months in a year, for various purposes and has deep roots in India. He also has movable and immovable assets in India. He was ap
The court's decision was based on the consideration of the petitioner's medical condition, cooperation in the investigation, and the ongoing nature of the investigation by the Enforcement Directorate....
The Court considered the question of whether the Look Out Circular deserves to be stayed and suspended its operation based on the absence of a flight risk and specific conditions imposed on the Petit....
LOC issued by the second respondent shall remain suspended till 30.06.2021, so as to enable petitioner to travel abroad, naany day on and from 27.04.2021 till 30.06.2021
The suspension of international travel restrictions during an investigation is a discretionary measure. It is granted based on the applicant’s past compliance, professional necessity, and the court's....
Look Out Circulars cannot be issued without a cognizable offense, violating fundamental rights, as established by the relevant Office Memorandum.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
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