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M. S. RAMACHANDRA RAO, HARMINDER SINGH MADAAN
Noor Paul – Appellant
Versus
Union Of India – Respondent
ORDER
M.S. Ramachandra Rao, J. - In this Writ Petition, the petitioner is challenging a Look Out Circular (LOC) issued against her by the Bureau of Immigration, Ministry of Home Affairs, Govt. of India ( respondent No.3) at the instance of the Bank of India (respondent no.2) on the basis of which she was prevented from travelling abroad to Dubai on 22.2.2022 at the New Delhi Airport by the immigration authorities.
2. The respondent No.l is the Ministry of Home Affairs, Union of India, the respondent No.2 is the Bank of India, respondent No.3 is the Bureau of Immigration, New Delhi, respondent No.4 is the Foreign Regional Registration office and respondent No.5 is a Company M/s Drish Shoes Ltd.
The Background facts
3. The petitioner herein, aged about 30 years, was a Director in respondent No.5 Company run by her father and others.
4. Respondent No.5 availed a loan from the respondent No.2-Bank for which the petitioner stood as a guarantor along with others.
5. She resigned from the Board of the respondent No.5 on 13.07.2021 but continues to be the guarantor for the loan taken by respondent No.5 from respondent No.2.
6. There was a default committed by respondent No.5 in servicing the loan
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 judgment establishes the principle that the right to travel abroad is protected under the Constitution of India and cannot be deprived without following fair, just, and reasonable procedures.
The central legal point established in the judgment is the high threshold required to deny a person the right to travel abroad, the need for a fair and just procedure in issuing and extending Look Ou....
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....
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 central legal point established in the judgment is that the issuance and renewal of Look Out Circulars (LOC) must align with the legal provisions and principles outlined in the relevant Office Me....
Look Out Circulars must be justified by substantial evidence and cannot infringe on fundamental rights without clear, objective criteria.
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.
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