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PRATHIBA M. SINGH
Jitendra Kejriwal – Appellant
Versus
Union of India – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner-Mr. Jitendra Kejriwal seeking quashing of the Look Out Circular (`LOC') issued by the Central Bureau of Investigation (`CBI') against him and calling for records pertaining to the same.
3. The background of this petition is that the Petitioner had obtained certain loans/credit facilities from Punjab National Bank (hereinafter `the Bank') which was then called the Oriental Bank of Commerce. The said Bank had, on 9th September, 2019 declared the Petitioner as a `Wilful Defaulter'.
4. The said declaration was challenged by the Petitioner by way of a writ petition being W.P.(C) 11426/2019 titled `Jitendra Kejriwal v. Oriental Bank of Commerce & Anr.' wherein vide order dated 24th October, 2019, the said declaration was stayed till further orders.
5. Upon the Petitioner having been declared a `Wilful Defaulter', on 4th November, 2019, the Petitioner acquired the knowledge that an LOC was issued against him at the behest of the Bank, which restrained him from travelling abroad, at the Kolkata Airport.
6. The case of the Petitioner is that
The settlement of the main dispute, absence of flight risk, and cooperation with the investigation are crucial factors in determining the validity of a Look Out Circular.
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 legal framework for the issuance and quashing of Look-Out Circulars (LOCs) was established based on the provisions of the Office Memorandum and its revised versions, emphasizing the need for peri....
The specific mention of validity period in a Look Out Circular (LOC) and the application of new guidelines for LOC deletion requests to previously issued LOCs.
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....
Look Out Circulars must be justified by substantial evidence and cannot infringe on fundamental rights without clear, objective criteria.
The central legal point established in the judgment is that the issuance of Look Out Circulars must be based on exceptional circumstances and must conform to constitutional standards, including the r....
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