Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2019 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 1779 - HC - Money LaunderingValidity of Look Out Circular issued by the first respondent, in purported exercise of its powers under Section 10-B of the Passports Act, 1967 - whether this Court ought to quash the Look Out Circular and permit the petitioner to go abroad? - restriction on going abroad - violation of fundamental right guaranteed under Article 21 of the Constitution of India or not? - HELD THAT:- In the instant case, the C.B.I. and the Enforcement Directorate have placed copious materials to show that there is an active investigation of a gargantuan economic offence in progress. Sufficiency or otherwise of such materials for the issuance of a Look Out Circular is clearly outside the ken of judicial review under Article 226 of the Constitution of India. To permit the petitioner to leave India by lifting the Look Out Circular just because he has, so far, been co-operating with the Investigating Agencies, is tantamount to locking the stable after the horse has bolted. It will defy all credulity if this Court were to believe that the petitioner will return to India obediently and submit himself to legal process in strict adherence to his undertaking affidavit dated 12.08.2019 submitted to this Court. Coming to the contention of Mr. Satish Parasaran qua the petitioner's fundamental right guaranteed under Article 21 of the Constitution of India to go abroad, be it noted that, the right is not absolute, but, is subject to valid restrictions. Petition dismissed.
|