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IN THE HIGH COURT OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Mathukumilli Sri Mani – Appellant
Versus
Union of India – Respondent
ORDER :
SUREPALLI NANDA, J.
Heard Mr. Pasham Mohith, learned counsel appearing on behalf of the Petitioner, Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of Respondent Nos.1, 3 to 5, and Ms.V.Dyumani, learned Standing Counsel appearing on behalf of respondent No.2.
2. Petitioner approached the Court seeking prayer as under :
“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondents in issuing and keeping a Look Out Circular (LoC) pending against the Petitioner as illegal, arbitrary and unconstitutional and set aside/ quash the same and consequently direct the Respondents not to obstruct/restrain the Petitioner from travelling to and fro from the country vide Passport No N4236897 and pass…”
PERUSED THE RECORD :
3. The counter affidavit has been filed by the Respondent – Bank and the relevant paragraph Nos.8, 11, 12, 13, 14 and 15, are extracted hereunder:
“8. It is submitted that the Government of India, Ministry of finance, Department of Financial Services issued proceedings no.25016/31/2010, dated 27.10.2010 the guidelines for issue of Lookout Notice in respect of Indian C
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.
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....
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.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
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 right to travel abroad, as guaranteed by Article 21 of the Constitution of India, cannot be curtailed unless a very high threshold is m....
Lookout Circulars cannot be issued solely based on non-payment of loans without serious criminal allegations; such actions infringe upon the fundamental right to travel under Article 21.
Since there is nothing on record to show that economic interests of India would be adversely affected in event petitioner travels abroad - No such ground was disclosed in LOC or preceding request for....
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 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....
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