C.SIVASANKARAN Vs. FOREIGNER REGIONAL REGISTRATION OFFICER

JUDGEMENT

(1.) The appeal arises out of the impugned judgment dated 6.11.2019, whereby a writ petition filed by the appellant seeking a declaration against a Look Out Circular issued by the Ministry of Home Affairs, Bureau of Immigration, as invalid and without jurisdiction, has been dismissed. The question is, can the writ petition giving rise to this appeal and the jurisdiction exercised by the learned Single Judge be said to be an exercise of the criminal jurisdiction of this Court under Article 226 of the Constitution of India so as to bar the maintainability of an intra-court appeal under Clause 15 of the Madras High Court Letters Patent?

(2.) The appellant is not an Indian citizen and is a Seychelles national. He is a holder of a diplomatic passport issued by the Republic of Seychelles. When he entered India on 6.8.2018, he was informed about the Look Out Circular, against which he sent a representation, and the said Look Out Circular was withdrawn. However, in the criminal cases that were initiated against him, he was called upon to appear on certain dates before the Enquiry Officer. The cases registered against him were by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA).

(3.) The second time he was informed of a Look Out Circular having been issued against him, against which the appellant made a representation, but this time the Look Out Circular was not withdrawn and, therefore, he preferred the writ petition giving rise to this appeal.