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PRATHIBA M. SINGH
Manavi Anusha – Appellant
Versus
Union of India – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
W.P.(C) 2512/2023 and CM APPL. 12050/2023 (impleadment); CM APPL. 9609/2023 (stay)
1. This hearing has been done through hybrid mode.
2. The Petitioner-Ms. Manavi Anusha has filed the present petition seeking quashing of the Look-Out Circular ("LOC") issued against her. The petition has been filed against the Respondent No. 1-Bureau of Immigration and the Respondent No.2-GNCTD. One Mr. Vineet Singh Chauhan has filed an application being CM APPL. 12050/2023 for impleadment in the matter. He is accordingly impleaded as Respondent No.3.
3. The Respondent No.3 had filed a complaint against the Petitioner under Section 420/406/120B of Indian Penal Code, 1860 ("IPC") which was registered as a First Information Report ("FIR"), bearing FIR No. 00034/2021 dated 12th February 2021, registered by PS Economic Offences Wing ("EOW"), New Delhi. In the said FIR, Genestore India Pvt. Ltd., Anubhav Anusha - the brother of the Petitioner, Ms. Manavi Anusha - the Petitioner and certain other persons were arrayed as accused. The FIR was registered on 12th February, 2021 and an LOC was issued by Respondent No. 1 - Bureau of Immigration at the instance of Responden
The court emphasized that the parameters for issuing an LOC must be met, and in this case, the court found that the LOC against the petitioner was not warranted.
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 judgment establishes the exceptional circumstances under which Look Out Circulars (LOC) can be issued, emphasizing the need for credible material and reasons to support the issuance of an LOC.
The main legal point established is that Look Out Circulars should only be issued when justified by specific reasons, and the authorities must adhere to the guidelines for their issuance and extensio....
The issuance of Look Out Circular against a UK citizen was unconstitutional, infringing on the right to travel without due cause, lacking sufficient grounds under the governing Office Memorandum.
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....
The issuance of a LOC must be based on exceptional circumstances and supported by substantial evidence. Mere suspicion is not sufficient to curtail an individual's right to travel abroad.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
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