TMI Blog2022 (4) TMI 1610X X X X Extracts X X X X X X X X Extracts X X X X ..... OF INDIA [ 1978 (1) TMI 161 - SUPREME COURT] , a 7 Judge Bench of the Hon'ble Supreme Court declared that no person can be deprived of his right to go abroad unless there is a law enabling the State to do so and such law contains fair, reasonable and just procedure, it is considered fit to direct the 2nd respondent to serve a copy of the Look Out Circular and reasons for issuing it to the petitioner and to provide an opportunity to her for hearing on it within two weeks from the date of receipt of a copy of this order and they are directed to permit the petitioner to travel abroad, if her presence for investigation is not required immediately or by taking an undertaking from her that she would appear as and when directed by them. The w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er's elder daughter who was living in USA had undergone mis-carriage. The petitioner in order to visit her daughter planned to travel to USA along with her husband and had reserved tickets. In the said process, she reached the Airport on the early hours of 09.03.2022. To her utter surprise, the 3rd respondent authorities stopped her at Immigration Office and made her to sit for three hours and restrained her from travelling without assigning any valid reason or notice. The petitioner requested the respondents to communicate the reasons for restraining her, but the respondents without assigning any reasons escorted her back to exit the Airport. The petitioner was not served with any notice with regard to travel restrictions imposed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d B2 was a Tourism visa, which would show that the petitioner could stay in USA for 6 months at a time (several times consecutively or at a time). The petitioner had not provided any proof of her return to India any time sooner, which would hamper the process of investigation. There was a possibility of the petitioner avoiding the process of investigation and pending regular departmental enquiry by her escape from India. If it was so, the total legal process which had been initiated would be derailed and might turn futile. Therefore, a Look Out Circular (LOC) had been resorted to avoid unnecessary delay and stalling of investigation. 5. The learned Public Prosecutor for CBI further submitted that the petitioner had not informed the Investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anner. (c) You will not make any threat, inducement, or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing, such facts to the court or to the police officer. (d) You will appear before the Court as and when required/directed. (e) You will join the investigation of the case as and when required and will cooperate in the investigation. (f) You will disclose all the facts truthfully without concealing any part relevant for the purpose of investigation to reach to the right conclusion of the case. (g) You will produce all relevant documents/material required for the purpose of investigation. (h) You will render full cooperation/assistance in apprehension of the accomplice. (i) You will not allow in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Office Memorandum produced by the respondents No. 1, 3 and 4 for our perusal do not contain any of the above safeguards. The State cannot plead ignorance of the decisions in Satwant Singh Sawhney vs. D. Ramarathnam, Asstt. Passport Officer [AIR 1967 SC 1836] and Maneka Gandhi vs. Union of India [(1978) 1 SCC 248] and contend that there is secrecy surrounding the issuance of an LOC and continue the existing practice. 59. It is desirable that these requirements be read into the Office Memoranda relied upon by the said respondents since it is settled law, as held in Institute of Chartered Accountants v. L.K. Ratna, (1986) 4 SCC 537 that unless there is a clear mandate to the contrary, principles of natural justice must be read into a law ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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