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M. S. RAMACHANDRA RAO, HARKESH MANUJA
Raman Kumar Mehta – Appellant
Versus
Union of India – Respondent
JUDGMENT / ORDER
M.S. Ramachandra Rao, J. -
Background of the case
1. The petitioner has challenged in this Writ Petition a Look Out Circular [for short 'LOC'] issued against him by the Bureau of Immigration, New Delhi (Respondent No.3) on the basis of which petitioner was prevented from travelling abroad on 11.08.2022 to Canada.
2. Petitioner is a personal guarantor to a loan availed by respondent No.4 Company from respondent No.2 Bank and had executed an equitable mortgage of the residential property belonging to him.
3. Subsequently, respondent No.4 had substituted some other property also in addition to the properties already mortgaged by it and the property for which the petitioner had executed an equitable mortgage as personal guarantor was released by respondent No.2. A letter dt.01.01.2018 (P4) sent by respondent No.2 to the Secretary Municipal Council, Naraingarh, District Ambala to make necessary entries in that regard has also been filed.
4. Respondent No.4 defaulted in repayment of loan to respondent No.2 and respondent No.2 then filed OA-1541-2021 before the Debt Recovery Tribunal-II, Chandigarh for recovery of 6.93 crore.
5. Petitioner's two children are living in Canada and
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 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 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 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....
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
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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