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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Kamal Preet Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
M.S. Ramachandra Rao, J. - CM-19162-CWP-2022
1. Application is allowed and written statement along with annexures filed by the respondent No.3 is taken on record.
CWP No. 25686 of2022
2. In this Writ Petition, the petitioner seeks a writ in the nature of Certiorari for quashing of the Look Out Circular (for short 'LOC') issued against him at the instance of UCO Bank (respondent No.3) by the Bureau of Immigration (respondent No.2) on the ground it is violative of his rights under Article 14, 19, 20 and 21 of the Constitution of India and seeks direction to permit him to travel abroad by expunging the entries made in his Passport. background facts
3. Notice of motion in this Writ Petition was issued on 11.11.2022 for 30.11.2022, and Mr. Satya Pal Jain, Additional Solicitor General of India, appearing on behalf of respondents No.1 and 2, was directed to produce a copy of the LOC issued against the petitioner at the instance of respondent No.3 by respondent No.2, and also the request for issuance of such LOC made by respondent No.3 to respondent No.2.
4. In compliance of the said order, the same have been produced before this Court on 02.12.2022 and are taken on record.
5. Sh. Satya
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 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 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.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
Look Out Circulars must be justified by substantial evidence and cannot infringe on fundamental rights without clear, objective criteria.
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....
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....
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