Case Note & Summary
The Petitioner, Roshini Kapoor, filed a Criminal Writ Petition before the Bombay High Court seeking disclosure and quashing of Look Out Circulars (LOCs) allegedly issued against her by the Bureau of Immigration at the behest of the Income Tax Department, Central Bureau of Investigation, and Directorate of Enforcement. The Petitioner, a 28-year-old businesswoman, contended that she was unaware of any LOCs but apprehended that they might have been issued, thereby curtailing her right to travel abroad. She sought directions to the Respondents to disclose and produce the LOCs, provide records of the request for issuance, and quash the same. The Court examined the Office Memoranda dated 27.10.2010 and 05.12.2017 governing the issuance of LOCs. The Court held that the right to travel abroad is a fundamental right under Article 21 of the Constitution of India and cannot be curtailed except by procedure established by law. The Court observed that LOCs can only be issued in cases where the person is accused of a cognizable offence and there is a likelihood of absconding, and not merely for investigation purposes. The Court directed the Bureau of Immigration to disclose the existence of any LOCs against the Petitioner within two weeks. If any LOC exists, the Petitioner is at liberty to challenge the same before the issuing authority. The Court further held that if the LOC is found to be issued without following the prescribed procedure, it shall be quashed. The petition was disposed of with these directions.
Headnote
A) Constitutional Law - Right to Travel - Article 21 of Constitution of India - Right to travel abroad is a part of personal liberty and cannot be curtailed except by procedure established by law - Held that issuance of LOC without following the procedure under Office Memorandum dated 27.10.2010 and 05.12.2017 is illegal and violative of Article 21 (Paras 10-15) B) Criminal Procedure - Look Out Circular - Office Memorandum dated 27.10.2010 and 05.12.2017 - LOC can be issued only in cases where the person is accused of a cognizable offence and there is likelihood of absconding - Held that LOC cannot be issued solely for investigation purposes without any court order or pending arrest warrant (Paras 16-20) C) Administrative Law - Right to Information - Disclosure of LOC - Affected person has a right to know about the existence of LOC against him - Held that Bureau of Immigration must disclose the LOC to the person against whom it is issued upon request (Paras 21-25) D) Criminal Procedure - Quashing of LOC - Office Memorandum dated 05.12.2017 - LOC can be challenged before the issuance of summons or arrest warrant - Held that if LOC is issued without following the guidelines, it is liable to be quashed (Paras 26-30)
Issue of Consideration
Whether the Look Out Circulars issued against the Petitioner are valid and whether the Petitioner has a right to know about the existence of such LOCs and to seek their quashing
Final Decision
The Court directed the Bureau of Immigration to disclose the existence of any Look Out Circulars against the Petitioner within two weeks. If any LOC exists, the Petitioner is at liberty to challenge the same before the issuing authority. If the LOC is found to be issued without following the prescribed procedure, it shall be quashed. The petition was disposed of with these directions.
Law Points
- Right to travel abroad is part of personal liberty under Article 21
- Look Out Circular cannot be issued without following Office Memorandum guidelines
- LOC must be disclosed to affected person
- LOC can be challenged before issuance of summons or arrest warrant
- LOC cannot be issued solely for investigation purposes without court order
