TMI Blog2022 (6) TMI 982X X X X Extracts X X X X X X X X Extracts X X X X ..... s right of personal liberty and free movement. It is to be issued in cases where the accused is deliberately evading summons/arrest or where such person fails to appear in Court despite a Non-Bailable Warrant. In the instant case, there is no contradiction by the respondent to the submission of the petitioner that she has appeared on each and every date before the Investigating Agency when summoned, and hence, there is no cogent reason for presuming that the Petitioner would not appear before the Investigation Agency and hence, no case is made out for issuing the impugned LOC. The impugned LOC is accordingly liable to be set aside as being devoid of merits as well as for infringing the Human right of the Petitioner to travel abroad a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... global problem of cyber-attacks on women journalists on 1st April at London, as well as to deliver a keynote speech in Rome on the status of journalism in India on 5th April. 3. It is submitted that upon her arrival at the airport and after passport-visa check, her travel was approved by immigration at around 11.50 am. However, at 12 noon she was detained by the Bureau of Immigration and the officers told her that they have instructions from the ED to not allow her to board the flight, and was conveyed that she would be receiving summons from the ED. Soon after, her immigration stamp was cancelled. The summons arrived in her email at 1:46 pm directing her to appear before the ED on 1st April, whereas she had to board the flight at 2 pm. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner might not return to India. However, the said apprehension is sans merit and without any foundation. It is submitted that there is no material on record to give rise to the said apprehension. Even otherwise, in light of the conduct of the petitioner, as well as the facts that she has booked her return ticket for India dated 11th April 2022 and has her old family at home in Mumbai, there is no basis whatsoever for the said apprehension. In light of the aforesaid, it is submitted that the Look Out Circular has been issued with a mala fide, is devoid of reasons, is violating her fundamental right to travel abroad, hence is bad in law and accordingly be quashed. 6. Per Contra, Mr. SV Raju, learned Additional Solicitor General assi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by her were not complied with and instead an email was received by the Directorate which stated that she was unable to travel to Delhi and undertook to submit all the requisite documents shortly, which were never submitted. 9. The apprehension of the respondents is that if she is allowed to leave the country she will not come back. Pertinently, a day right after the impugned LOC was issued to secure her presence, she embarked upon to leave the country on 29th March 2022 for some event, which was not in the knowledge of the Respondents. Ld. ASG further relied on para 45 of the judgment of the Madras High Court in S. Martin v. Central Crime Branch, 2014 SCC Online Mad 426, and stated that the attitude of the petitioner is non-cooperat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck qua the right of the investigation agency to investigate the instant matter as well as the fundamental right of the petitioner of movement and free speech. 13. Therefore, the instant petition stands allowed in above terms with the conditions that follow hereunder: (a) The petitioner shall intimate her travel dates and detailed itinerary to the Investigation Agency forthwith along with the address of the places that the petitioner shall be visiting; (b) The petitioner shall deposit an FDR to the tune of Rs. 1 lakh before the Enforcement Directorate at Mumbai; (c) The petitioner shall not attempt to tamper with the evidence or influence the witnesses in any manner; (d) The petitioner shall return to India on the date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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