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PRATHIBA M. SINGH
Prateek Chitkara – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner background and business profile. (Para 1 , 2 , 3) |
| 2. investigation details under the black money act. (Para 4 , 5 , 6 , 7 , 21 , 22) |
| 3. impact of look-out circular on petitioner. (Para 8 , 9 , 10) |
| 4. arguments from petitioner and respondents. (Para 28 , 29 , 30) |
| 5. the petitioner’s stance on rights and loc justification. (Para 31) |
| 6. court's observations on loc and procedural validity. (Para 32 , 33 , 34 , 35 , 36) |
| 7. court's approach to modifying the loc based on facts. (Para 37 , 49 , 50 , 66) |
| 8. final modification to loc and implications. (Para 90 , 97 , 108) |
| 9. conclusion regarding loc modification. (Para 106 , 107 , 110 , 111) |
JUDGMENT
Prathiba M. Singh, J.
Brief Facts
1. The present petition has been filed by the Petitioner - Mr. Prateek Chitkara, holder of Indian Passport nos. Z2303946 (valid until 31st January 2023) and Z6212946, praying for the quashing of, and seeking the reasons for, the issuance and continuation of the Look-Out Circular (hereinafter "LOC") issued against him at the behest of the Income Tax Department.
2. The Petitioner is an Indian citizen who claims to have deep roots in society, whose parents, wife and brother permanently reside in In
The issuance of Look-Out Circulars must be justified by valid grounds such as cognizable offences or compelling economic interests; mere allegations without formal charges do not suffice.
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.
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 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 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....
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The personal liberty and fundamental right of movement guaranteed by the Constitution cannot be curtailed at the behest of BOB when the conditions precedent for making such request for opening an LOC....
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