MANISH MITTAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the Chief Executive Officer (CEO) of a Steel Conglomerate by the name of Dimensions Steel Private Limited and is required to travel across the globe in connection with his work. A copy of the Passport has been annexed which indicates the travel history of the petitioner. When the petitioner boarded a plane for Bangladesh on May 16, 2022 after completing necessary formalities such as immigration clearance, five men approached the petitioner, out of whom three were in the uniform of the Customs Department, and demanded to see the petitioner's passport. Upon the petitioner handing over the passport, the petitioner was requested to alight from the aircraft and to accompany the said officials to their office. Subsequently, the petitioner was prevented from boarding the flight and was informed that the petitioner was to be restrained from travelling. However, no further reason was allegedly given to the petitioner. After detaining the petitioner for about 2-3 hours in the Customs Office of the Airport, the passport was handed back to the petitioner and he was allowed to leave the airport with the caveat that he will not be allowed to travel.

(2.) Challenging such action and seeking to leave India as and when required, the petitioner has preferred the instant writ petition. Although the immediate cause of action was to travel to Dubai for a period between May 19, 2022 and May 26, 2022, the broader challenge in the writ petition is against the unlawful restraint on the petitioner from travelling abroad.

(3.) During pendency of the writ petition, an affidavit-in-opposition was filed by the Punjab National Bank (PNB) and another by the Immigration Authorities. The petitioner, for the first time from such pleadings, learnt about a Look Out Circular (LOC) having been issued at the behest of the added respondent no.6-Bank (the PNB) in respect of the petitioner by the Immigration Authorities.