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IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
Maria Ramesh – Appellant
Versus
Union of India – Respondent
ORDE R
1. The present petition has been filed seeking the quashing of the Look-Out Circular (LOC) issued against the petitioner.
2. The facts manifest that a FIR No. 218 of 2020 was registered on 16.12.2020 by the Economic Offences Wing, New Delhi, under Sections 406/420/120-B of the Indian Penal Code, 1860, against the petitioner and other co-accused. The FIR arose out of disputes pertaining to a Memorandum of Understanding (MoU) executed in 2013 between the complainant, i.e., Mr. Ashok Sachdev and his associates, and the petitioner’s husband in relation to investment in a real estate project titled “USHERA.” While an investment of Rs.35 crores was allegedly contemplated, only Rs.22.5 crores was made, which led to disputes between the parties. Apprehending arrest in FIR No. 218 of 2020, the petitioner applied for anticipatory bail and was granted the same vide order dated 06.08.2022 passed by the Additional Sessions Judge, Patiala House Courts. The ASJ, while granting anticipatory bail, recorded that no illegality or siphoning of funds was apparent and further noted that the project “Ushera” was substantially complete to the extent of 50–70%. It was also noted, based on submissions
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.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.
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.
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.
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 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 of Look Out Circulars must be based on exceptional circumstances and must conform to constitutional standards, including the r....
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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