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2021 (5) TMI 1037 - Indian Laws
Validity of look-out circular/communication - Whether the grounds urged in the writ petition and reiterated in this intra-court appeal by the petitioner, merits acceptance or rejection? - HELD THAT:- It is the specific act emerging from the said OMs, which the petitioner seeks to assail in the writ petition and when examined in this background, it would emerge from the authoritative pronouncement of the Apex Court in the case of MANEKA GANDHI's wherein the Hon'ble Apex Court (per Hon'ble Mr. Justices Bhagawati, Untwalia and Fazal Ali) have observed that procedure established by law under Article 21 must meet the requirement of Article 14 and it has been further held the right to travel abroad cannot be regarded as forming part of Articles 19(1)(a) or 19(1)(g), since such right is not guaranteed and such right cannot be inferred as a peripheral or concomitant right under Article 19(1).
In the instant case the cause for issuance of LOC against the petitioner has been indicated by the third respondent in its statement of objections vide paragraph 5 and extraction of the same would only burden this judgment and as such we desist from doing so - Thus, respondent No. 3 and 4 being empowered to issue the LOCs by virtue of OM dated 22.11.2018 and "larger public interest", which also governs the "economic interests of India" same have been issued, which cannot be the subject matter of judicial scrutiny inasmuch as, the subjective satisfaction arrived at by respondent Nos. 3 and 4 based on objective assessment, being inconsonance with the extant OMs.
The LOCs issued against the petitioner by respondent Nos. 3 and 4 and the consequential endorsement dated 08.12.2020 issued by respondent No. 1, as affirmed by the learned Single Judge does not suffer from any infirmities either in law - Writ appeal dismissed.