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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SESHASAYEE
C.Sivasankaran – Appellant
Versus
Foreigner Regional Registration Officer (FRRO) Bureau of Immigration, Ministry of Home Affairs – Respondent
JUDGMENT :
N. SESHASAYEE, J.
Introduction:
1. This Order may be termed as a sequel to an earlier Order passed in a batch of cases in Pathan Apser Hussen Vs Bureau of Immigration & Others (for short LOC – I) [W.P. No.27686 of 2024, dated 06.12.2024] in which I had an occasion to discuss the right of a national, slapped with a Look Out Circular (LOC), to travel abroad. The present case however, is a shade different as it relates not to a national, but to an identically placed foreigner.
2. The petitioner is a first generation foreigner of Indian origin holding a passport of the Republic of Seychelles. He faces accusations inter alia from the CBI, and the investigating agency has slapped LOC twice, first before June, 2018, then lifted it on 03.09.2018 only to re-issue it months later in January, 2019. Ever since he is stuck in India. Hence, he has laid the present petition seeking suspension of the LOC and for leave to travel abroad.
Facts :
3.1 A statement on the pleadings in this case essentially sets the tone for considering whether the court should consider the petitioner’s prayer for suspending the LOC, and let him travel abroad for 5 days a month. His submissions are as below:
a) The p
Indefinite Look Out Circulars infringe on the fundamental right to travel abroad and violate the principle of proportionality under Article 21 of the Constitution.
The right to travel abroad is a fundamental right under Article 21, and unjust restrictions violate personal liberty, requiring reasonable conditions for accused individuals pending investigations.
The fundamental right to travel abroad under Article 21 of the Constitution of India requires a high threshold to be curtailed, and the issuance of Look Out Circulars (LOCs) should be limited to case....
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
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....
The main legal point established is the requirement for procedural safeguards in the issuance of Look Out Circulars, ensuring compliance with principles of natural justice and a fair, just, and reaso....
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 Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.
The gravity of the offence and the absence of an extradition treaty between the countries influenced the court's decision to dismiss the petitioner's request to travel abroad.
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