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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. PRAKASH, J.
C. Sivasankaran S/o R. Chinnakannan – Appellant
Versus
Foreigner Regional Registration Officer (FRRO) – Appellant
W.P. No.19743 of 2019 and W.M.P. Nos.19257, 19262, 19264 and 19266 of 2019
Decided on : 06-11-2019
India Penal Code, 1860 - Section 120-B/409/420 – Criminal Procedure Code, 1973 – Section 41 - Passports Act, 1967 - Section 10-B – Promotion – Investigation - Petition seeks writ of declaration to declare that Look Out Circular issued by first respondent in purported exercise of its powers Section of Passports Act is an arbitrary exercise of power abuse of authority vitiated by mala fides ultra vires and is without jurisdiction and to consequently direct first respondent to recall Look Out Circular issued by first respondent - Facts in issue lie in narrow compass - Nub is Court ought to quash Look Out Circular and permit petitioner to go abroad - Petitioner is not an Indian citizen but Seychelles national who claims himself to be an Ambassador at large of Republic of Seychelles and as such is holder of diplomatic passport issued by Republic of Seychelles – Held, Judgments relied upon pertain to cases petitioners therein were Indians who had strong roots in India - For example. Chidambaram C.B.I. had issued notice Section calling upon him to appear very next day itself Look Out Circular impugned therein was issued - Bearing in mind fact that petitioner therein was an Indian with roots in India Division Bench of this Court that Look Out Circular was issued hurriedly and on that ground quashed same - Petitioner is not an Indian citizen but citizen of Seychelles and is also diplomat of State as claimed by him It is true that he had appeared before C.B.I. and Enforcement Directorate whenever he was summoned despite which both agencies had not chosen to arrest him though they have power - Be it noted that decision to arrest or not to arrest falls within exclusive domain of investigating agency and there can be no interference by Court - Had petitioner been arrested then his very movement within India would have been in jeopardy – Petition dismissed
ORDER :
This writ petition seeks a writ of declaration to declare that the Look Out Circular issued by the first respondent, in purported exercise of its powers under Section 10-B of the Passports Act, 1967, is an arbitrary exercise of power, abuse of authority, vitiated by mala fides, ultra vires and is without jurisdiction, and to consequently direct the first respondent to recall the Look Out Circular issued by the first respondent.
2. The facts in issue lie in a narrow compass. The nub is, whether this Court ought to quash the Look Out Circular and permit the petitioner to go abroad.
3. Concededly, the petitioner is not an Indian citizen, but, a Seychelles national, who claims himself to be an Ambassador at large of the Republic of Seychelles and as such, is a holder of diplomatic passport issued by the Republic of Seychelles. He entered India via Chennai International Airport on 06.08.2018 and at the Immigration counter, he was informed that a Look Out Circular has been issued against him and ergo, he cannot leave India. Hence, he addressed a representation dated 01.09.2018 to the C.B.I. seeking to withdraw the Look Out Circular and accordingly, the same was withdrawn. Pursuant thereto, he left for the U.K. on 03.09.2018. Besides the U.K., he also went to other countries. While so, the C.B.I. issued summons for him to appear and accordingly, he appeared on 09.09.2018, 24.09.2018 and 12.11.2018 and cooperated in the enquiry that was conducted by the C.B.I. in connection with the case under investigation.
4. The petitioner, in paragraph no.14 of his affidavit filed in support of the writ petition, has stated that the Enforcement Directorate had registered a case against him and searches were made under the Prevention of Money Laundering Act (for short “the PMLA”). It is his further contention that he appeared before the Enquiry Officer on 24.08.2018, 31.08.2018 and 21.11.2018 on summons and gave statements.
5. While that being so, on 27.01.2019, when he was about to leave India via the Chennai International Airport, he was prevented on the ground that a Look Out Circular has been issued against him. Hence, he addressed a representation dated 23.02.2019 to the C.B.I. and an advocate's notice dated 09.02.2019 to the Enforcement Directorate followed by a representation dated 06.03.2019 to the Joint Director of Enforcement, New Delhi, requesting them to withdraw the Look Out Circular and to permit him to go abroad. Since the Look Out Circular was not withdrawn, he has filed the instant writ petition.
6. On notice, the C.B.I. and Enforcement Directorate have filed their counter affidavits setting out the cases against the petitioner and justifying the issuance of the Look Out Circular.
7. Heard Mr. Satish Parasaran, learned Senior Counsel representing Mr.Vijayan Subramanian, learned counsel on record for the petitioner, Mr.G.Rajagopalan, learned Additional Solicitor General appearing for the Union of India, Mr. K. Srinivasan, learned Special Public Prosecutor for CBI Cases and Mr. N. Ramesh, Special Public Prosecutor for the Enforcement Directorate.
8. The C.B.I. and the Enforcement Directorate have not denied the averments in paragraph no.12 of the petitioner's affidavit filed in support of the writ petition, wherein, the petitioner has stated that pursuant to the Look Out Circular, he was detained at the Chennai International Airport on 06.08.2018 and hence, he addressed a representation dated 01.09.2018, after which, the Look Out Circular was withdrawn, pursuant to which, he left for the UK on 03.09.2018 and travelled to several countries. Thus, the present Look Out Circular has been issued subsequently by the Bureau of Immigration on the request of the C.B.I. and the Enforcement Directorate.
9. What then is the case that has been registered against the petitioner by the C.B.I. and the Enforcement Directorate? The answer to the question lies in the counter affidavit dated 22.07.2019 filed by the C.B.I., wherein, the entire details of
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