C. SIVASANKARAN Vs. FOREIGNER REGIONAL REGISTRATION OFFICER (FRRO) BUREAU OF IMMIGRATION MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) This writ petition seeks a writ of declaration to declare that the Look Out Circular issued by the first respondent, in purported exercise of its powers under Section 10-B of the Passports Act, 1967, is an arbitrary exercise of power, abuse of authority, vitiated by mala fides, ultra vires and is without jurisdiction, and to consequently direct the first respondent to recall the Look Out Circular issued by the first respondent.

(2.) The facts in issue lie in a narrow compass. The nub is, whether this Court ought to quash the Look Out Circular and permit the petitioner to go abroad.

(3.) Concededly, the petitioner is not an Indian citizen, but, a Seychelles national, who claims himself to be an Ambassador at large of the Republic of Seychelles and as such, is a holder of diplomatic passport issued by the Republic of Seychelles. He entered India via Chennai International Airport on 06.08.2018 and at the Immigration counter, he was informed that a Look Out Circular has been issued against him and ergo, he cannot leave India. Hence, he addressed a representation dated 01.09.2018 to the C.B.I. seeking to withdraw the Look Out Circular and accordingly, the same was withdrawn. Pursuant thereto, he left for the U.K. on 03.09.2018. Besides the U.K., he also went to other countries. While so, the C.B.I. issued summons for him to appear and accordingly, he appeared on 09.09.2018, 24.09.2018 and 12.11.2018 and cooperated in the enquiry that was conducted by the C.B.I. in connection with the case under investigation.