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DELHI HIGH COURT
SUDHIR KUMAR JAIN
Girish Sagar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition background and identity (Para 1 , 2) |
| 2. counter affidavit and allegations against petitioner (Para 3) |
| 3. legal arguments about charges and context of allegations (Para 4 , 5) |
| 4. judicial review on loc and jurisdictional issues (Para 7 , 8 , 10) |
| 5. legal arguments regarding jurisdiction and res judicata (Para 9 , 11 , 12) |
| 6. final decision and dismissal of petition (Para 14) |
JUDGMENT
Sudhir Kumar Jain, J.
1. The present writ petition is filed under Article 226 of the constitution read with section 482 of the Code of Criminal Procedure, 1973(hereinafter referred to as "The Cr.P.C") for quashing of the Look Out Circular dated 10.02.2016 issued by the respondent no. 2 against the petitioner.
2. The petitioner pleaded that the petitioner, a person of Indian Origin, is a citizen of the United Kingdom and is holding British passport bearing No. 521241201. The petitioner is engaged in the business of repairing and sale of watches. The petitioner is also holding a document issued by the Government of India i.e., Overseas Citizen of India bearing no. A860650. The Petitioner came to India on 16.01.2016 to visit his ailing and aged mother residing flat bearing no 501,
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 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.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The main legal point established in the judgment is that a preventive/detentive Look Out Circular (LOC) leading to the detention of the petitioner was unwarranted, and the petitioner should only be s....
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 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 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....
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 main legal point established in the judgment is that the issuance of a Look Out Circular should be based on exceptional circumstances and cogent reasons, and should not be resorted to in a routin....
The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.
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