The issuance of a Look Out Circular must align with legal provisions, respecting the individual's fundamental right to travel.

JUDGMENT

The writ petition is filed with the following prayers:-

“A. Declare that it is the fundamental right of the Petitioner to travel abroad and that the Respondents are not entitled to restrict the same, except strictly in accordance with any provision of law;

B. Issue a writ in the nature of certiorari or any appropriate writ, order or direction, calling for the records of the proceedings from the Respondents, leading to the stamping of CWOP on the Petitioner’s Passport as evidenced in Ext.P14 and quash the same; C. Issue a writ in the nature of certiorari or any appropriate writ, order or direction, calling for the records of the proceedings from the Fourth and Fifth Respondents, leading to the issuance of the Look Out Circular against the Petitioner, and quash the same;

D. Issue a writ in the nature of prohibition or any appropriate writ, order or direction, prohibiting Respondents from imposing any travel restrictions upon the Petitioner to go abroad India except in accordance with the law;

E. Issue such other appropriate relief or direction which this Hon’ble Court deems fit in the facts and circumstances of this case; and F. Permit the petitioner to realize the costs of this proceeding from the respondents.”

2. It is submitted by both sides that a Look Out Circular (LOC) was issued by the Foreigners Regional Registration Officer (FRRO) at the request of the Directorate of Enforcement, as the petitioner was summoned in connection with an investigation going on against the petitioner’s father. The respondents allege that, though a summons was issued to the petitioner, he did not respond, which led to the issuance of the LOC.

3. It is seen from the judgment in W.P.(C) No.31578 of

2023 that the LOC issued against the petitioner’s father was directed to be withdrawn on condition that he shall co-operate with the investigation. In view of the fact that the LOC against the father of the petitioner itself has been withdrawn, there is no requirement of retaining the same as regards the petitioner herein.

4. Accordingly, the LOC No.SIC DY No.44380 dated

28.12.2022, which was renewed in 2023 by the FRRO, the 2^nd respondent, at the request of the Directorate of Enforcement, Cochin Zonal Office, shall stand withdrawn.

5. There will be a direction to the 2^nd respondent to inform the order of this Court withdrawing the LOC, to the Bureau of Immigration, New Delhi, through an e-mail. This shall be done within two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.