Indefinite Look Out Circulars infringe on the fundamental right to travel abroad and violate the principle of proportionality under Article 21 of the Constitution.

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 petitioner is a 67-year-old citizen of Seychelles. He however, is a first generation foreign national of Indian origin. He has always been a multi-dimensional entrepreneur and had also been a founder of Aircel. He is now a mentor of M/s AIWO Ltd.,

b) Be that as it may on 13.04.2018, the CBI, the third respondent in this case registered FIR No. 9 of 2018 inter alia against a Finnish company named M/s. Win Wind Oy, alleging that it had conspired with the other accused and defrauded M/s.IDBI Bank to the tune of Rs. 600 crores. The list of accused persons included the petitioner, who the prosecution describes as the Chairman of Siva Group. On 24.12.2022, CBI laid a final report before the Add. CMM, Egmore in which the petitioner was ranked A.12. Treating the case registered by the CBI as the predicate case, on 01.05.2018, the Directorate of Enforcement (ED), had registered a case against the petitioner under the Prevention of Money Laundering Act, 2002 (PMLA for short), and it is now pending in Spl. C.C. No. 02/2021 before the IX Additional Special Judge for CBI Cases, City Civil Court, Chennai wherein the petitioner has been arraigned as A1. While things stood thus, on 06.08.2018, when the petitioner arrived at the Chennai International Airport, he was informed about the Look Out Circular (LOC) issued by the CBI. The petitioner immediately addressed a communication dated 01.09.2018,to the CBI to lift the LOC, and this was done and accordingly on 03.09.2018, the CBI had lifted the LOC, only to re-issue it four months later. In between the petitioner had travelled abroad to six different countries for a total number of 35 days, and had returned to Chennai.

c) Ever since the re-issuance of LOC in January 2019, the petitioner made multiple and multi-pronged attempts to have it withdrawn, but they were in vain. Hence,the petitioner filed W.P. No. 19743 of 2019 before this Court for quashing the second LOC, but on 06.11.2019, it came to be dismissed. Undeterred, the petitioner moved the Supreme Court in W.P.(Crl.)No.302 of 2019, but on 07.12.2021 that also came to be dismissed.

d) Thereafter, the petitioner filed W.P. No. 26460 of 2022 seeking temporary suspension of LOC to travel abroad, and on 05.06.2023 it came to be dismissed, and a SLP preferred against it was also dismissed by the Supreme Court on 04.09.2023.

e) The petitioner is now required by his