Issuance of Look Out Circular is justified when national interest and potential involvement in economic offences outweigh individual rights.

ORDER

The petitioner is before this Court under Articles 226 and 227 of Constitution of India praying to quash the endorsement dated 13.01.2022 [Annexure-G] whereby the petitioner9s passport is cancelled for travel; to quash the look out circular issued against the petitioner; and for a direction to the respondents to permit the petitioner to travel and also direct an enquiry into the actions taken by the respondents and direct the officials responsible to compensate the petitioner in such sum as this Hon9ble Court may determine.

2. Heard the learned senior counsel Sri.Vikram S. Huilgol for Sri.S.Sudarsan, learned counsel for the petitioner, learned Additional Solicitor General Sri.M.B.Naragund for Sri.Madhukar M. Deshpande, learned Senior Central Government Counsel for respondents. Perused the entire writ petition papers.

3. Learned senior counsel for the petitioner would submit that the petitioner who is working in Netherlands for the last 8 years came to India on 12.08.2021 to see his ailing father who was suffering from hypertension as well as Parkinson9s disease. The petitioner is holder of Dutch residence permit which is a condition precedent for his employment at Netherlands. It is submitted that in the interregnum, on 26.11.2021, petitioner received summons issued under Prevention of Money Laundering Act, 2002 [for short, PML Act] from respondent No.3, directing him to appear before the third respondent-authority on 29.11.2021. Accordingly, it is stated that petitioner appeared before the third respondent on 29.12.2021, 30.12.2021 and 01.01.2022. The above stated summons to the petitioner was in relation to a criminal case registered against one Mr.Sri Krishna, the brother of petitioner under the provisions of PML Act and also for the offences punishable under Sections 120B, 384, 419, 420 and 471 of IPC. The allegations against the brother of the petitioner are that he is involved in hacking of crypto exchanges and poker website in India as well as overseas from the year 2013 till this date. Further, one more crime in ECIR bearing No.4/2020 dated 09.01.2020 was also registered against the brother of the petitioner for hacking of e-procurement portal of Government of Karnataka and theft of Rs.11.55 Crores from the Government portal bank account. Further, it is submitted that the petitioner after appearing before the third respondent and having submitted his statement was to fly back to Netherlands and when the petitioner was in Bengaluru Airport, he was not allowed to fly and his passport was stamped as cancelled. The petitioner was also informed that at the instance of third respondent, the second respondent issued look out circular. Initially, the petitioner was before this Court by filing writ petition on 24.01.2022 praying to quash the cancellation affixed on his passport as well as for a writ of mandamus directing the respondents to permit the petitioner to travel. Subsequently, petitioner amended writ petition to include the prayer to quash look out circular.

4. Learned Senior Counsel for the petitioner would contend that no FIR is registered nor any crime is registered against the petitioner. Because of a case which is registered against brother of the petitioner, respondents cannot restrict the petitioner to travel to Netherlands where he is eking out his livelihood. Learned Senior Counsel would submit that restricting the petitioner9s travel would be violative of ArticleS.19 and 21 of the Constitution of India and hence requires interference by this Court.

5. Learned Senior Counsel would submit that there is no law in respect o