ORDER:

The petitioner challenges the issuance and continuation of Look Out Circular (LOC) No. 2020400733 as illegal, arbitrary, and violative of his fundamental rights under Article 21 of the Constitution of India. He contends that he is a Hindu migrant from Bangladesh who entered India before 31.12.2014 and has been residing in India since 2005 after marrying a person of Indian origin, thereby claiming protection under Government Notifications G.S.R. 685(E) and 686(E) dated 07.09.2015 and allied provisions relating to minority migrants. He asserts that his long residence in India and continued stay are lawful and cannot be treated as that of an illegal migrant under the Citizenship Act, 1955.

1.1. He further states that he is engaged in business activities in India and the UAE, including association with Al Zain Garage in Ajman and operation of a restaurant in Darjeeling, and that his frequent travel between India and UAE is essential for his livelihood. He alleges that on 01.01.2024, he was detained by the respondent-authorities at Rajiv Gandhi International Airport while arriving from Sharjah due to the LOC, on the allegation that he had fraudulently obtained Indian Passport No. U2910660, by improperly relying on Bangladeshi passport records that had already expired.

1.2. The petitioner also challenges the registration of Crime No. 2 of 2024 under Sections 420 IPC, Section 14 of the Foreigners Act, and Section 12 of the Passport Act, contending that it was done without proper opportunity and due process. He states that he was arrested, later granted bail, and that Criminal Petition No. 7030 of 2024 seeking quashing of the FIR is pending before this Court.

1.3. He contends that the LOC has severely affected his fundamental right to travel and livelihood, particularly his employment and business interests abroad. He relies on judicial precedents to contend that LOCs can be issued only in exceptional circumstances and after strict adherence to due process. He further submits that no non-bailable warrants or prohibitory orders are pending against him, and that the authorities have acted in violation of Sections 10 and 10A of the Passport Act by restricting his travel and retaining his passport without following statutory safeguards or principles of natural justice.

1.4. The petitioner denies allegations of fraud or criminal intent and asserts that he is not involved in any economic offences or illegal procurement of identity documents. He also contends that the investigation is still pending without filing of charge sheet and that the respondents have selectively relied on his past Bangladeshi passport while ignoring his claimed statutory protections under the 2015 notifications.

2. Heard Mr. Arun Kumar Satyavolu, learned counsel for the petitioner, Mrs. N.V.R. Rajya Lakshmi, learned Standing Counsel for respondents 1 to 3, and learned Government Pleader for Home for respondent No.4. Perused the record.

3. Learned counsel for the petitioner contends that the action of Respondent No.2 in originating and continuing Look Out Circular No. 2020400733 is illegal, arbitrary, and violative of Article 21 of the Constitution of India, as it unlawfully restricts the petitioner’s right to travel and livelihood. It is contended that the petitioner, though originally from Bangladesh, belongs to the Hindu minority community and has been residing in India since 2005 after marrying an Indian-origin woman in 2006, and therefore falls within the protective ambit of Notifications G.S.R. 685(E) and 686(E) dated 07.09.2015 issued under the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946. Learned counsel contends that the respondents failed to consider these statutory exemptions while treating the petitioner as an illegal migrant and initiating coercive action against him. It was further contended that the petitioner was detained at Hyderabad Airport on 01.01.2024 solely on the basis of an LOC founded upon allegations that he had f