IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
N.Prithvi Teja – Appellant
Versus
Bureau of Immigration and others - Respondents
W.P. No. 9012 of 2023
Decided on : 26-02-2024
LOC - Travel Restriction - 22.02.2021 - The court discussed the issuance and renewal of Look Out Circulars (LOC) against the petitioner, emphasizing the legal provisions and principles governing the issuance of LOCs, and concluded that the LOC issued against the petitioner was invalid and illegal, thereby directing the respondents to recall the Lookout Circulars.
Fact of the Case:
The petitioner was prevented from traveling abroad due to the issuance of Look Out Circulars (LOC) by the respondents, citing pending investigations and liabilities. The petitioner challenged the actions of the respondents, asserting that the LOCs were arbitrary and illegal, and sought relief from the court.
Finding of the Court:
The court found that the issuance and renewal of the LOCs against the petitioner were invalid and illegal, as the final report filed by the CBI did not find any evidence against the petitioner, and the reasons provided for the LOCs did not align with the legal provisions governing the issuance of LOCs.
Issues: The main issue was the validity of the Look Out Circulars (LOC) issued against the petitioner, and whether they were in accordance with the legal provisions and principles governing the issuance of LOCs.
Ratio Decidendi: The court held that the issuance and renewal of the LOCs against the petitioner were contrary to the legal provisions and principles outlined in the Office Memorandum dated 22.02.2021, and the reasons provided for the LOCs did not justify the restriction on the petitioner's right to travel abroad.
Final Decision: The court directed the respondents to recall the Lookout Circulars issued against the petitioner, emphasizing that the LOCs were invalid and illegal, and did not align with the legal framework governing the issuance of LOCs.
ORDER :
Heard Mrs.Jyothisri Vankina, the learned Counsel appearing on behalf of the Petitioner, Mr Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of Respondents 1 to 4 and learned standing counsel for respondents 5 and 6.
2. The Petitioner approached the Court seeking prayer as under :
PERUSED THE RECORD :
3. The relevant portion of the final report dt. 29.06.2022 filed by the Deputy Superintendent of Police, CBI, Ranchi, forwarded to the Special Judicial Magistrate, CBI Cases, Ranchi, Jarkhand is extracted hereunder :
This supplementary charge sheet is filed against (1) M/s Ranchi Expressways Ltd. and (2) M/s Madhucon Project Ltd. u/s 120-B r/w 420 IPC, and against (3) Sh. K. Babu Rao, Managing Partner, M/s Sree Nagendra Constructions, Khammam; (4) Sh. B. Sudhakara Rao, Managing Partner, M/s Ragini Infrastructures, Vijayawada; (5) Sh. P. Suresh, Partner, M/s Usha Projects, Hyderabad and (6) Sh. Ramashray Singh, Proprietor, M/s Shree B.R. Visions, Chandauli (U.P.) u/s 120-B r/w 409, 420 and 477A of IPC for taking cognizance and for issuing necessary process against the accused persons to face the trial.
It is further prayed that permission may kindly be granted for returning the un- relied documents seized in this case.
4. The case of the Petitioner as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition in brief, is as under :
a) The petitioner was prevented from travelling by the immigration officials at Kolkata Airport stating that there was a Look Out Circular (LOC) against the petitioner. However, the petitioner was not provided with any details regarding the same.
b) Thereafter, the petitioner found that there were some bank related issues originating from companies run by the petitioner’s father and since the petitioner is shown as a director in the same, the LOC had been issued. However, the petitioner is not an active participant in the Company affairs.
c) Aggrieved by the said LOC, the petitioner has filed a RTI Application dated 25.02.2023 with Central Public Information Officer, Regional Passport Office, Hyderabad seeking information and all documents on Look Out Circular' if any issued against the petitioner Passport bearing No. Z4602920, within 48 Hours. However, the petitioner did not receive any reply for the same. Therefore, the petitioner has preferred an Appeal on the said RTI with the Appellate Authority.within 48 Hours. However, the petitioner did not receive any reply for the same. Therefore, the petitioner has preferred an Appeal on the said RTI with the Appellate Authority.
d) Thereafter, the Deputy Passport Officer, Hyderabad & CPIO has issued a reply dated 08.03.2023 to the petitioner’s R.T.I. and informed that no L.O.C. record was found in their office against the petitioner’s Passport Number and the Appellate Authority upon verifying the record, confirmed vide order dated 17.03.2023 that the said authority agrees with the order issued by the Public Information Officer,
MENAKA GANDHI Vs. UNION OF INDIA [AIR 1978 SC 597]
'Mohinder Singh Gill and Another vs. The Chief Election Commissioner
MENAKA GANDHI VS. UNION OF INDIA AND ANOTHER
Sumit Mehta v State of NCT of Delhi
Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer
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.
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.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The issuance of Look Out Circulars (LOCs) should be based on exceptional circumstances and a larger impact on the country's economy, and citizens should not be deprived of their liberty to travel abr....
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....
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.
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.
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....
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