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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD
Preet Kaur – Appellant
Versus
Bureau Of Immigration – Respondent
| Table of Content |
|---|
| 1. challenge to lookout circulars issuance. (Para 1) |
| 2. background facts of the petitioners' financial obligations. (Para 3 , 4 , 5 , 6 , 10) |
| 3. details on asset and loan default issues. (Para 7 , 8 , 9 , 11) |
| 4. petitioners' challenge to lookout circulars. (Para 12 , 13) |
| 5. legal arguments against lookout circulars. (Para 14 , 15) |
| 6. guidelines for lookout circulars issuance. (Para 18 , 19) |
| 7. interpretation of 'detrimental to economic interest.' (Para 20 , 21) |
| 8. judicial interpretation on travel rights. (Para 22 , 23) |
| 9. judicial limit on lookout circulars based on financial inability. (Para 24 , 25) |
| 10. restrictions on travel cannot be based on default. (Para 29) |
| 11. outcome of the lookout circular challenge. (Para 30 , 31) |
| 12. clarifications on operational scope of judgments. (Para 32) |
| 13. conclusion of the writ petition. (Para 33) |
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The Petitioners have approached this Court challenging the Lookout Circulars dated 03.01.2022 issued against the Petitioners by the Bureau of Immigration at the request of the Union Bank of India.
2. Notice was issued on 05.08.2022. Pleading are complete.
3. The facts of the case as stated by the Union Bank of Indi
Lookout Circulars cannot be issued solely based on non-payment of loans without serious criminal allegations; such actions infringe upon the fundamental right to travel under Article 21.
Issuance of Look Out Circulars must be based on concrete evidence and cannot be justified solely by the default in loan repayment, as it violates fundamental rights without due process.
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....
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.
doctrine of proportionality of punishment would apply and same has to be considered in the context of arbitrariness and Article 14 of the Constitution of India and in the context of the fact that no ....
An LOC, which is a coercive measure to make a person surrender and consequentially interferes with his right of personal liberty and free movement, certainly has adverse civil consequences.
The central legal point established in the judgment is that the right to travel abroad, as guaranteed by Article 21 of the Constitution of India, cannot be curtailed unless a very high threshold is m....
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