Case Note & Summary
The petitioner, Om Prakash Bhatt, filed a Criminal Writ Petition before the Bombay High Court aggrieved by travel restrictions imposed upon him. Although no specific look out circular (LOC) was produced, the petitioner stated that he was detained at Mumbai Airport on 29/09/2018 by immigration officials and later released with a direction to contact the Central Bureau of Investigation (CBI) on a particular mobile number. When he attempted to contact, there was no response. He sent several communications to the CBI inquiring about the detention but received no reply. Consequently, he filed the present petition seeking clarity before attempting to travel abroad again, fearing further detention. The court heard the matter and by consent of the parties, the petition was taken up for final disposal. The court examined the Office Memorandum dated 27.10.2010 which governs the issuance of LOCs and found that the CBI had not followed the procedure. The court held that the right to travel abroad is a fundamental right under Article 21 of the Constitution and cannot be restricted arbitrarily. The court directed the CBI to inform the petitioner within two weeks whether any LOC exists against him and if so, the reasons for its issuance. If no LOC exists, the CBI was directed to issue a communication to the immigration authorities to allow the petitioner to travel without any hindrance. The petition was disposed of accordingly.
Headnote
A) Constitutional Law - Right to Travel Abroad - Article 21 of the Constitution of India - Look Out Circular - The petitioner was detained at Mumbai Airport on 29/09/2018 and later released but directed to contact CBI. The court held that the right to travel abroad is a fundamental right under Article 21 and cannot be restricted without following the procedure established by law, including the Office Memorandum dated 27.10.2010 governing issuance of LOCs. (Paras 3-5) B) Criminal Procedure - Look Out Circular - Office Memorandum dated 27.10.2010 - The court examined the guidelines for issuance of LOCs and found that the CBI failed to provide any reasons or follow the procedure. The court directed the CBI to inform the petitioner within two weeks whether any LOC exists and if so, the reasons, and if no LOC exists, to issue a communication to immigration authorities to allow the petitioner to travel without hindrance. (Paras 6-10)
Issue of Consideration
Whether the travel restrictions imposed on the petitioner by way of a look out circular without following the procedure established by law are valid and whether the petitioner is entitled to a declaration that no LOC exists against him or that he be permitted to travel abroad without hindrance
Final Decision
The petition is allowed. The CBI is directed to inform the petitioner within two weeks whether any look out circular exists against him and if so, the reasons for its issuance. If no LOC exists, the CBI shall issue a communication to the immigration authorities to allow the petitioner to travel without any hindrance.
Law Points
- Right to travel abroad is a fundamental right under Article 21 of the Constitution
- Look Out Circular cannot be issued without following Office Memorandum dated 27.10.2010
- CBI must provide reasons for LOC
- Petitioner entitled to clarification before attempting travel
