ASIF HANIF THARA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is before this Court seeking a writ of mandamus to the respondents to recall the lookout circular issued against him in No.FEMA/SuMMON/STF/2022/49 & F.No.T-3/STF/ 10/2022 dtd. 11/10/2022.

(2.) Facts, in brief, germane for consideration of the lis, are as follows:- The petitioner is a businessman dealing in import and export of spices and owns a firm in the name and style of 'Unik Traders'. The petitioner has also produced certain documents with regard to the tax that he pays to the Government which depict that he has paid tax of Rs.5.00 crores on 9/12/2022 and therefore, contends that he is a law abiding citizen or a law abiding businessman. On 1/10/2022 the office and residence of the petitioner was searched by the 2nd respondent/Directorate of Enforcement alleging violation of the provisions of the Foreign Exchange Management Act, 1999 ('the Act'). After the conduct of said search, the petitioner receives summons on 11/10/2022 which directed the petitioner to appear on 28/10/2022 before the 2nd respondent. The petitioner submits a representation seeking time of four weeks for such appearance. This was accepted and a fresh summons was issued to the petitioner on 28/10/2022 fixing the date of appearance as 11/11/2022. The petitioner was later informed on 7/11/2022 that his appearance before the Enforcement Directorate is postponed and the next appearance would be communicated later.

(3.) On 12/12/2022 the petitioner and his son who claims to be a Doctor by profession entered the Bangaluru International Airport to take a flight to Doha for watching Football World Cup matches. While petitioner's son was allowed to travel the petitioner was declined such travel. It is then he was made known that his travel is restricted on account of lookout circular issued against him. The Visa stamping that was done on the petitioner's passport, as also the boarding pass were cancelled. At that point in time, the petitioner knocked at the doors of this Court in the subject petition seeking immediate travel to watch football matches at Doha. This Court permitted the petitioner to travel on filing an affidavit and an affidavit after his return; both of which were complied with by the petitioner by filing an affidavit prior to travel and on his return in terms of the travel itinerary. But, in the light of the lookout circular still hanging on the head of the petitioner he is pursuing the issue in the present petition.