AKSHAYA JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition with the prayer to issue directions to the respondents to place on record the Look Out Circular (for short 'the LOC') issued against him and further to quash and set aside the same and to restrain the respondents from interferring in his air travel.

(2.) Counsel appearing for the petitioner submitted that respondent No.3- Bank of Baroda issued a request on 24/9/2019 to the Dy. Director, Bureau of Immigration (BoI), for opening LOC issued against the petitioner in view of the Office Memorandum dtd. 27/10/2010 of Ministry of Home Affairs. On the said request the respondents issued the LOC dtd. 24/9/2019 but it was never communicated to the petitioner. Counsel further submitted that when the petitioner was flying out of India for business on 1/3/2020 he was off loaded at Jaipur by the Immigration Officials stating that a LOC has been issued against him by the Bank of Baroda and he cannot be permitted to fly out of India. Counsel further submitted that in-spite of asking for the LOC, it was never served upon the petitioner. He also stated that the loan availed by him beyond the boundaries of a Country cannot be recovered in another Country. Therefore, the act of issuing the LOC is illegal ab initio. Counsel further submitted that the LOC can be issued only against a person involved in a criminal case with cognizable offence under the Indian Penal Code. Counsel referred Clause (H) of the Office Memorandum dtd. 22/2/2021. Counsel further submitted that there is no criminal case pending against the petitioner. Therefore, the issuance of LOC against the petitioner is illegal, arbitrary and unjustified and the same deserves to be quashed and set aside.

(3.) Counsel appearing for the petitioner in support of his submissions has relied upon the order dtd. 5/12/2009 passed by the Bombay High Court in Writ Petition (L) No. 3288 of 2019 (Gaurav Tayal Vs. Bureau of Immigration & Ors.) as also the Judgment dtd. 17/8/2023 delivered by the Delhi High Court in W.P. (C) 9841/2022 and CM Appls. 29064/2022, 30677/2023 (Mr. Nipun Singhal Vs. Union of India & Ors.