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2020 (12) TMI 145 - HC - Indian LawsValidity of Lookout Circular (LOC) issued by the respondents against the petitioner - siphoning off funds - illegal transfer of valuable foreign exchange - when the petitioner was intending to travel to Singapore, he was detained at the Indira Gandhi International Airport, Delhi and was informed that an LOC has been issued against him - case of respondents is that that the petitioner has not cooperated with the investigation and his conduct is highly evasive and non-cooperative, thereby justifying issuance of LOC and extension thereof - HELD THAT:- As held by the Supreme Court in MANEKA GANDHI VERSUS UNION OF INDIA [1978 (1) TMI 161 - SUPREME COURT] the right to travel abroad is a fundamental right guaranteed under Article 21 of the Constitution of India. In Karti P. Chidambaram [2018 (7) TMI 2000 - MADRAS HIGH COURT], the High Court of Madras held that the mandate of the Office Memorandum dated 27.10.2010 would necessarily require the request for issuance of LOC to contain reasons for such request. The condition precedent for issuance of an LOC is therefore, existence of reasons, which should be disclosed in the request for issuance of LOC. The High Court, after referring to Sections 41,41A and 41B of the Code of Criminal Procedure, 1973 further held that the legality and/or validity of LOC has to be adjudged having regard to the circumstances prevailing on the date on which the request for issuance of LOC had been made. It was further held that the LOCs cannot be issued as a matter of course, but when reasons exist, where an accused deliberately evades arrest or does not appear in the Trial Court. In the present case, there is no doubt that the allegations made against the petitioner are of a grave nature. The petitioner has submitted that the same are false and unsubstantiated, however, this Court need not detain itself on the examination of such allegations. For the purposes of the Impugned LOC, what is relevant to be noted is that the FIR was registered on 08.10.2018. Based thereon, the Enforcement Directorate registered ECIR on 02.07.2019. In undue haste, on 25.07.2019, the Impugned LOC was issued against the petitioner - The only allegation made is that the conduct of the petitioner is evasive and non-cooperative. This cannot be a ground for issuance of a LOC. Similarly, reliance of the respondents on the amendment made to the Office Memorandum is also unfounded. Though, the said amendment allows a LOC to be issued even in cases not covered by the Guidelines and in economic interest of India, no such case has been made out against the petitioner. It has not been explained how the travel of the petitioner would in any manner prejudice the economic interest of the country. Mere mention of the power in the counter affidavit cannot take the place of giving reasons for exercise of the same. The Impugned LOC and the extension thereof issued against the petitioner is set aside and quashed - Petition allowed.
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