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K. LAKSHMAN
Haridass Ramesh S/o Sri Haridass – Appellant
Versus
Union of India, rep. by its Secretary – Respondent
ORDER :
The present writ petition is filed seeking to declare the action of respondent No.2 (Bureau of Immigration) in issuing and continuing a Look Out Circular (hereinafter referred to as ‘LOC’) against the petitioner on request of respondent No.3 as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and the Passports Act, 1967.
2. Heard Mr. V. Murali Manohar, learned counsel for the petitioner, Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondent Nos.1 and 2, Mr. Alluri Krishnam Raju, learned Standing Counsel for the State Bank of India appearing on behalf of respondent No.3 and Mr. N. Nagendran, learned Special Public Prosecutor for CBI appearing on behalf of respondent No.4.
3. For the sake of convenience and unless stated otherwise, wherever the term ‘petitioner’ is used it shall refer to the actual petitioner herein i.e., Haridass Ramesh, the company of which he is a managing director i.e., Nandini Industries Pvt. Ltd. (hereinafter referred to as ‘NIPL’) and M/s Techtrans Construction KCPL JV in which he held 50% shareholding.
4. Facts of the case
i) The parties have raised various factual aspects
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 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....
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 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....
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