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2025 Supreme(Online)(Del) 47043

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sachin Datta, J
SUDHIR VERMA & ANR. VS. UNION OF INDIA THROUGH THE SECRETARY TO THE MINISTRY OF FINANCE & ORS.
W.P.(C) 1872/2021



Advocates:
For the Appellants/Petitioners: Malak Bhatt, Neeha Nagpal, Saahil Bahety
For the Respondents: Ripudaman Bhardwaj, Kushagra Kumar, Niti Jain

Immigration authorities cannot obstruct travel permitted by a court order suspending a Look Out Circular (LOC) by demanding additional confirmation from respondent banks, especially when such banks are not required to provide such intimations.

Headnote:The matter pertains to the suspension of a Look Out Circular (LOC) for a petitioner suffering from cancer. The court had previously directed that the LOC remain suspended until a chargesheet is filed by the investigating agency in the relevant FIR, allowing the petitioners to travel abroad for medical treatment. Despite these directions, the petitioners were prevented from boarding a flight by immigration officials who demanded confirmation from the respondent banks. The primary issue was whether the Bureau of Immigration could insist on formal confirmation from respondent banks before allowing travel that had already been permitted by a judicial order. The court reasoned that since the travel was permitted under a specific court order and the respondent banks are not legally incumbent to intimate the immigration authorities regarding such permissions, the insistence on bank confirmation was unjustified. The Bureau of Immigration is directed to allow the petitioners to undertake the travel as sought by the petitioners without insistence of any formal confirmation/ intimation of the respondent banks.

Table of Content
1. petitioners were stopped at the airport despite a court order suspending their loc for medical travel. (Para 1 , 2 , 3 , 4)
2. respondent banks are not required to provide travel confirmation to immigration authorities. (Para 5)
3. immigration authorities must honor court-ordered travel permissions without requiring bank intimations. (Para 6 , 7 , 8 , 9)

O R D E R

CM APPL. 80881/2025 (For Dir.)

1. This is an application filed by the petitioners seeking that the directions contained in the order dated 08.08.2024 passed by this Court read with subsequent order dated 16.12.2025 passed by the Joint Registrar (Judicial) of this Court be complied with by the Bureau of Immigration, Government of India.

2. Vide order dated 08.08.2024 it was observed and directed as under:-

“5 … Petitioner No.1 is suffering from cancer and has been constrained toapproach this court on multiple occasions to seek permission to travel abroad for her treatment. Petitioner No.2, mother of Petitioner No.1, hasalso on earlier occasion, approached this court to seek permission to travelabroad to accompany her daughter for treatment. In light of the above andthe fact that the Petitioners are willing to abide by the conditions imposed in the previous orders for suspension of LOC, in the opinion of the Court, the present petition can be disposed of with the following directions:

a. The LOC shall remain suspended till the chargesheet is filed by the CBI in respect of FIR bearing No. RCBD12020E0001. Once the chargesheet is filed, the Petitioners shall be free to approach the concerned Court for quashing of the LOC in terms of the judgement passed in the case titled Sumer Singh Salkan vs. Assistant Director & Ors.

b. Till such time, whenever either of the Petitioners were to undertake any travel, they shall abide by the following conditions:………………”

3. It is stated that on the strength of the aforementioned order, the petitioners have travelled abroad for the medical treatment of the petitioner no.1 on various occasions and returned back to India in compliance with the directions as set out therewith. It is noted that the same has also been taken note of by the Joint Registrar (Judicial) of this Court vide orders dated 19.09.2024 and 24.01.2025 passed in the present petition (listed for compliance of directions passed in the aforementioned order dated 08.08.2024).

4. It is submitted that in line with the directions passed by this Court in order dated 08.08.2024 read with the subsequent order dated 16.12.2025 passed by the Joint Registrar (Judicial) of this Court, the petitioners were permitted to travel abroad. However, despite the aforesaid orders, when the petitioners on 19.12.2025 at 03:30 PM reached the IGI Airport, Delhi to undertake the said travel they were not allowed to board the flight by the official/s of Bureau of Immigration on the basis that no confirmation as regards the said travel of the petitioners had been received from the concerned banks.

5. Learned counsel for the Indian Overseas Bank accedes that although the petitioners are entitled to undertake the travel in terms of the order dated 08.08.2024 and subsequent orders relied upon by the petitioners, it is not incumbent on the concerned bank to intimate the same to the Bureau of Immigration, Government of India.

6. Considering the circumstances, in view of the order dated 08.08.2024 read with subsequent order dated 16.12.2025 passed by the Joint Registrar (Judicial) of this Court and considering that the petitioners have also subsequently undertaken travel in terms thereof, the present application is allowed. The Bureau of Immigration is directed to allow the petitioners to undertake the travel as sought by the petitioners without insistence of any formal confirmation/ intimation of the respondent banks.

7. The application is disposed of in the above terms.

8. Let the learned counsel for the Union of India apprise the Bureau of Immigration as to the above directions and to ens

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