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RITU BAHRI, MANISHA BATRA
Sumedha Goel – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. overview of petitioner's situation and lo issuance. (Para 1 , 2 , 3) |
| 2. respondents' assertions regarding petitioner's involvement. (Para 4) |
| 3. arguments from both sides regarding loc. (Para 5 , 6) |
| 4. legal principles on right to travel abroad. (Para 8 , 9 , 10) |
| 5. court's decision to quash loc. (Para 11) |
JUDGMENT
Manisha Batra, J. (Oral)
This petition has been filed by the petitioner seeking a writ of certiorari for quashing a Look Out Circular (LOC) issued against her by respondent No.1 Bureau of Immigration, Ministry of Home Affairs, Government of India, at the instance of respondent No.2-Director of Enforcement.
2. The case of the petitioner is that she is a non-resident Indian, and has been residing at Singapore since 2016 where she has been working in a software company. Her permanent address is of Ludhiana. After the demise of her husband in the year 2014, she had received certain properties in a family settlement from her in-laws. Out of her own income, she has purchased an apartment in Ludhiana in June/July, 2020. Her father, Kailash Aggarwal was engaged in business and had dealings with National Spot Exchange Limited (NSEL). An FIR bearing No. 213 was issued a
The issuance of a Look-Out Circular must be justified; arbitrary LOCs infringe personal liberty under Article 21.
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 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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