Shivani Modi vs Union Of India And Ors on 15 May, 2026

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    Delhi High Court

    Shivani Modi vs Union Of India And Ors on 15 May, 2026

    Author: Purushaindra Kumar Kaurav

    Bench: Purushaindra Kumar Kaurav

                        $~1, 15, 22, 25, 33, 34, 41
                        *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                          Date of Decision: 15.05.2026
                              IN THE MATTERS OF:
    
                        1
                        +     W.P.(C) 3100/2022, CM APPL. 24128/2023,                     CM       APPL.
                              32523/2024 & CM APPL. 15879/2025
    
                              SHIVANI MODI                                             .....Petitioner
    
                                                  versus
    
                              UNION OF INDIA AND ORS.                                .....Respondents
    
                        15
                        +     W.P.(C) 7051/2024 & CM APPL. 29420/2024
    
                              AMRIT DUJARI                                              .....Petitioner
    
                                                  versus
    
                              BUREAU OF IMMIGRATION & ANR.                              .....Respondent
    
                        22
                        +     W.P.(C) 1978/2025
                              HARMANDEEP SINGH KANDHARI                             .....Petitioner
    
                                                  versus
    
                              BUREAU OF IMMIGRATION & ORS.                          .....Respondents
    
    
    Signature Not Verified                                                         Signature Not Verified
    Signed By:AMIT KUMAR                                                           Signed
    SHARMA
    Signing Date:22.05.2026                                                        By:PURUSHAINDRA
    18:06:34                                               Page 1 of 37            KUMAR KAURAV
                         25
                        +     W.P.(C) 6745/2025
                              SAMIR SHARMA
                              .....Petitioner
    
                                                versus
    
                              BUREAU OF IMMIGRATION & ANR.               .....Respondents
    
                        33
                        +     W.P.(C) 16047/2025
                              HU LIU                                     .....Petitioner
                                                versus
    
                              UNION OF INDIA AND ORS                     .....Respondents
    
                        34
                        +     W.P.(C) 18435/2025 & CM APPL. 76320/2025
    
                              M THIAGARAJAN                              .....Petitioner
    
                                                versus
    
                              UNION OF INDIA & ANR.                      .....Respondents
    
    
    
                        41
                        +     W.P.(C) 3492/2026 & CM APPL. 16852/2026
    
                              ATUL PUNJ                                  .....Petitioner
    
    Signature Not Verified                                               Signature Not Verified
    Signed By:AMIT KUMAR                                                 Signed
    SHARMA
    Signing Date:22.05.2026                                              By:PURUSHAINDRA
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                                                     versus
    
                              UNION OF INDIA & ORS.                          .....Respondents
    
    
                        Memo of Appearances:
    
                        On behalf of petitioners:
                        Mr. Vivek Chib, Sr. Adv., Mr. Anirudh Wadhwa, Mr. Bhargav R. Thali, Mr.
                        Siddharth Jain, Mr. Siddharth Sunil, Mr. Mayank Khaitan, Mr. Vibhu
                        Pahuja, Mr. Zeeshan Thomas, Advocates in item 1.
                        Mr. Vikas Mehta, Ms. Priyambada Mishra, Mr. Kartik Pandey, Advocates in
                        item 15.
                        Mr. Madhav Khurana, Sr. Advocate with Ms. Priti Verma, Ms. Dhanya
                        Visweswaran, Ms. Shaurya Singh, Ms. Kashvi Bansal, Advocates in item
                        22.
                        Counsel in item 25 (appearance not given)
                        Mr Sanjeev Anand Sr. Adv with Mr. Yogendra Aldak, Mr. Pranav Mundra,
                        Mr. Balraaj Singh and Mr. Rishabh Dahiya, Advocates in item 33.
                        Mr Aditya Wadhwa, Ms Swastika Thourwal, Mr Raunaq Bali, Advocates in
                        item 34.
                        Mr. Dayan Krishnan, Sr. Adv with Mr. Aditya Dewan, Ms Himangi Kapoor
                        and Mr. Swetank Kumar, Advocates in item 41.
    
                        On behalf of respondents:
                        Mr. Syed Abdul Haseeb, CGSC with Mr. Syed Abdur Rahman, Adv. for R-1
                        in item 1.
                        Mr. Sunil Agarwal, SSC, Ms. Monica Benjamin, JSC, Mr. Gibran Naushad,
                        JSC, Mr. Rohit Chakraborty, Advocates in item 1.
                        Ms. Nidhi Raman, CGSC with Mr. Akash Mishra, Mr. Amit Acharya, GPs
                        for UOI in item 15.
                        Mr. Sandeep Kumar Mahapatra, CGSC with Ms. Mrinmayee Sahu, Adv,
                        Mr. Tribhuvan, Adv and Ms. Anushka Sarraf, Advocates in item 22.
                        Mr. Vikrant Nilesh Goyal, Mr. Rattan Goyal, Mr. Yash Basoya, Mr.
                        Inderpreet Singh and Mr. Kunal Dixit, Advs. for R-1 in item 25.
                        Mr Gaurav Gupta SSC, Mr Shivendra Singh, JSC, Mr Yojit Pareek, JSC, Mr
                        Surya Jindal, Ms Prakriti Rastogi and Ms Aryama Singh Rajput, Advs. for
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                         R-2 in item 25.
                        Mr. Amit Tiwari, CGSC with Ms. Ayushi Srivastava, Mr. Arpan Narwal,
                        Mr. Kushagra Malik, Mr.Ujjwal Tyagi, Mr. Dalip Anand, Advocates for
                        UOI in item 33.
                        Mr Santosh Kumar Rout SC for R-2/Indian Bank for item 34.
                        Mr. Akshit Mohan, Advocate and Government Pleader for Union of India in
                        item 41.
                        Mr. Ripudamn Bhardwaj, CGSC with Mr. Kushagra Kansal and Mr. Amit
                        Kumar Rana, Advs. for SFIO in item 41.
    
                        CORAM:
                        HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
    
                                                                     JUDGEMENT
    

    PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

    INDEX

    SPONSORED

    A. INTRODUCTION AND BACKGROUND ………………………………………………. 5

    B. THE LAW OF LOCs ……………………………………………………………………………… 7

    C. INTERNATIONAL JURISPRUDENCE ON THE RIGHT TO TRAVEL ….. 13

    D. ANALYSIS …………………………………………………………………………………………. 18

    I. LOCs ISSUED AT THE BEHEST OF FINANCIAL
    INSTITUTIONS/BANKS ……………………………………………………………………… 18

    (i) W.P.(C) 18435/2025 ……………………………………………………………………… 18

    II. LOCs ISSUED BY INVESTIGATING AGENCIES AND MINISTERIES 22

    (ii) W.P.(C) 3100/2022………………………………………………………………………. 22

    (iii) W.P.(C) 1978/2025 …………………………………………………………………….. 24

    (iv) W.P.(C) 6745/2025 ……………………………………………………………………… 26

    (v) W.P.(C) 16047/2025 …………………………………………………………………….. 28

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    (vi) W.P.(C) 3492/2026 ……………………………………………………………………… 29

    III. APPROPRIATINESS OF RELEGATING THE PETITIONER TO THE
    FORUM THAT ISSUED THE LOC ………………………………………………………. 32

    (vii). W.P.(C) 7051/2024……………………………………………………………………. 34

    D. CONCLUSION ……………………………………………………………………………………. 36

    A. INTRODUCTION AND BACKGROUND
    The present petitions have been listed before this Court for disposal
    on a common day. All of them assail the issuance and continuation of Look
    Out Circulars (hereinafter “LOCs”), operating either at the behest of public
    sector financial institutions (Banks) or at the instance of investigating
    agencies and statutory bodies.

    2. The issues that arise for determination in these petitions are not
    unfamiliar; this Court has had occasion to deal with them at considerable
    length and depth in a preceding batch judgment, Ritu Singal v. Bureau of
    Immigration &Ors.1
    , decided on 17.04.2026, disposing of 33 writ petitions
    (hereinafter “Preceding Judgment”). The present judgment must,
    therefore, be read and understood as a companion and continuation of that
    batch, forming together a consistent and coherent judicial statement on the
    law governing LOCs.

    3. In the Preceding Judgment, after a comprehensive survey of
    constitutional provisions, regulatory instruments, and the full arc of judicial
    authority from this Court as well as from sister High Courts and the
    Supreme Court of India, this Court distilled ten governing principles that

    1
    2026:DHC:3806.

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    Signed By:AMIT KUMAR                                                                                      Signed
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    Signing Date:22.05.2026                                                                                   By:PURUSHAINDRA
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    now constitute the operative legal framework for the issuance, continuance,
    and judicial review of LOCs.

    4. In particular, this Court held, inter alia: that the right to travel abroad
    is a fundamental right under Article 21 of the Constitution; that an LOC is a
    coercive measure of last resort and not a routine instrument of law
    enforcement or debt recovery; that public sector banks, through their
    Chairman, Managing Directors, or Chief Executive Officers, do not possess
    legal authority to seek the issuance of an LOC following the decisions in
    Viraj Chetan Shah v. Union of India and the judgments of this Court
    following it; and that the continuance of an LOC is not indefinite and must
    be periodically reviewed.

    5. These writ petitions have been categorised into three broad classes for
    the purposes of discussion, analysis, and disposal, namely: Category A —
    cases where the Look Out Circular has been issued solely at the instance of
    financial institutions; Category B — cases where the Look Out Circular has
    been issued at the instance of ministries and investigating agencies; and
    Category C — cases where petitioner is relegated to the forum that issued
    LOC. Each category raises distinct, though interrelated, legal issues which
    shall be addressed in the appropriate sequence in this judgment.

    6. At the outset, it must be recorded that the principles laid down in the
    Preceding Judgment are taken as settled and shall not be departed from. The
    present judgment proceeds on the foundation already laid. What this Court is
    called upon to do in these eight petitions is to apply those principles to
    individual facts which, the respondents contend, make out a positive case for
    sustaining the LOC.

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    Signed By:AMIT KUMAR                                                             Signed
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    Signing Date:22.05.2026                                                          By:PURUSHAINDRA
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    7. In the Preceding Judgment, the LOCs were quashed across the board
    because the originating agencies failed entirely to discharge the burden
    placed upon them to justify necessity, proportionality, and legality.

    8. Before proceeding to the analysis of individual petitions, it is
    appropriate to revisit and further elaborate the legal framework,
    incorporating subsequent developments in domestic jurisprudence and
    drawing upon comparative constitutional law from other jurisdictions. This
    Court does so not because the principles stated therein require revision, but
    because, in the view of this Court, a more expansive articulation of the legal
    foundations will serve clarity and assist in the systematic adjudication of the
    categories of cases that now regularly come before this Court.

    B. THE LAW OF LOCs

    9. The Constitution of India guarantees to every person the right to life
    and personal liberty under Article 21. As long settled since Maneka Gandhi
    v. Union of India2
    , the scope of personal liberty is not to be construed
    narrowly; it encompasses the full range of rights that make life meaningful
    and dignified.

    10. The right to travel abroad has been conclusively recognized as an
    integral component of personal liberty under Article 21. In Satwant Singh
    Sawhney v. D. Ramarathnam, Assistant Passport Officer3
    , the Supreme
    Court held that a passport, cannot be withheld arbitrarily or without

    2
    (1978) 1 SCC 248.

                        3
                         AIR 1967 SC 1836,
    
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    authority of law, for to do so would be to deprive a person of a facet of
    personal liberty.

    11. In Maneka Gandhi, the Supreme Court held that the procedure
    established by law that justifies deprivation of personal liberty must not be
    arbitrary, unfair, or unreasonable, and must comply with the requirements of
    Articles 14, 19, and 21 read together. The guarantee of Article 21 cannot be
    satisfied by any procedure, however oppressive or unjust.

    12. The tripartite test, that a restriction on personal liberty must be (i)
    founded on a law duly enacted by a competent legislature; (ii) procedurally
    just, fair, and reasonable; and (iii) not violative of other fundamental rights,
    applies with full force to any measure that impedes the right to travel
    abroad.

    13. The right to movement, including international movement, is also
    guaranteed under Article 19(1)(d) of the Constitution, which protects the
    right of citizens to move freely throughout the territory of India. While the
    Supreme Court has held that this specific provision does not expressly
    extend to travel beyond the territory of India, it has also recognised that the
    right to travel abroad finds its protection in the broader guarantee of Article
    21
    read with the Preamble, which secures to every citizen liberty of thought,
    expression, belief, faith, and worship, and which implicitly protects the
    freedom to engage with the world beyond national borders. This is not
    merely a matter of individual convenience but goes to the heart of human
    autonomy and dignity.

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    Signed By:AMIT KUMAR                                                           Signed
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    Signing Date:22.05.2026                                                        By:PURUSHAINDRA
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    14. The executive instructions that constitute the LOC regime, the Office
    Memoranda issued by the Ministry of Home Affairs, are not a statute. They
    are not legislative acts enacted by a competent legislature. As this Court held
    in the Preceding Judgment, an LOC, though a recognised administrative
    instrument, operates in a constitutionally sensitive field. The mere existence
    of an administrative instruction authorising the issuance of an LOC does not,
    by itself, satisfy the requirement of a “law” as contemplated by Article 21.
    Executive action operating in the field of personal liberty must have a
    statutory anchor; the Office Memoranda cannot serve as a substitute for
    legislative mandate. This position, laid down in Maneka Gandhi and
    applied consistently by this Court and the Bombay High Court in Viraj
    Chetan Shah v. Union of India4
    , constitutes settled constitutional law.

    15. The regulatory history of LOCs has been set out in extenso in the
    Preceding Judgment. It suffices, for the present purposes, to record the
    following essential chronology. The earliest framework, a letter issued by
    the Ministry of Home Affairs (“MHA”) dated 05.09.1979, was surveillance-
    oriented and did not authorise prevention of departure. The Office
    Memorandum of 27.12.2000 introduced structured guidelines but remained
    limited in procedural content. A watershed development came in 2010 with
    the judgments of this Court in Vikram Sharma v. Union of India5, and
    Sumer Singh Salkan v. Asst. Director6, which set comprehensive guidelines
    that the MHA incorporated into the Office Memorandum of 27.10.2010. The
    Office Memorandum of 05.12.2017 introduced the category of “exceptional

    4
    2024 SCC OnLine Bom 1195.

                        5
                          2010 SCC OnLine Del 2475
                        6
                          2010 SCC OnLine Del 2699
    
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    cases” permitting LOCs even in the absence of a cognizable offence, where
    departure is considered detrimental to national interests, a category that has
    since been subjected to extensive scrutiny in the courts.

    16. The currently operative instrument is the comprehensive Office
    Memorandum dated 22.02.2021 (“2021 OM”), which superseded all earlier
    guidelines and remains the primary regulatory reference. The key
    provisions, as relevant to the present petitions, are: (H) recourse to LOC is to
    be taken in cognizable offences under the IPC or other penal laws, with
    specific reasons invariably provided; (I) in non-cognizable matters,
    detention, arrest, or prevention from leaving cannot be directed, only a
    request for intimation of arrival/departure is permissible; and (L) in
    exceptional cases, LOCs may be issued even where no cognizable offence is
    involved, but only where the departure appears detrimental to the
    sovereignty, security, or integrity of India, bilateral relations, strategic or
    economic interests, or the larger public interest.

    17. Clause 6(B)(xv) of the 2021 OM, which empowered the Chairman,
    Managing Directors, and Chief Executive Officers of all public sector banks
    to seek the issuance of LOCs, has been struck down as constitutionally
    infirm by the Bombay High Court in Viraj Chetan Shah and affirmed in the
    Preceding Judgment. That position continues to hold the field, the challenge
    before the Supreme Court not having been resolved in favour of the banks.

    18. In Sumer Singh Salkan, this Court authoritatively held that an LOC
    can be issued only in cases involving cognizable offences, where the
    accused is deliberately evading arrest or not appearing before the trial court
    despite non-bailable warrants and other coercive measures, and where there
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    is a real likelihood of the accused leaving the country. The Court further
    held that the person against whom an LOC is issued must join the
    investigation, surrender before the court, or satisfy the court that the LOC
    was wrongly issued; and that an LOC may be rescinded by the originating
    authority or by the trial court having jurisdiction. This foundational
    framework has been consistently applied and elaborated in the subsequent
    decade and a half.

    19. The Madras High Court in Karti P. Chidambaram v. Bureau of
    Immigration7, held that an LOC is a coercive executive measure which
    directly impinges upon personal liberty and cannot be issued mechanically.
    Mere existence of a criminal case or investigation is insufficient; there must
    be specific, credible material demonstrating a real and proximate threat of
    absconding. This Court followed and elaborated that proposition in a series
    of judgments. In Shalini Khanna v. Union of India8, this Court held that the
    expression “detrimental to economic interests” must be of a magnitude that
    can significantly affect the economic interests of the country, individual loan
    defaults do not qualify.

    20. In Apurve Goel v. Bureau of Immigration9, this Court held that
    LOCs cannot be opened merely on the request of banks; there must be
    independent application of mind by the competent authority.
    In Rajesh
    Kumar Mehta v. Union of India10
    , and Bank of Baroda v. Sahil Chugh11,
    this Court and the Division Bench reiterated that mere inability to repay a

    7
    2018 SCC OnLine Mad 2229.

                        8
                          2024 SCC OnLine Del 837
                        9
                          2023:DHC:6886
                        10
                           2024 SCC OnLine Del 4153
                        11
                           2025 SCC OnLine Del 9282
    
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    debt, without any criminal case, cannot deprive a citizen of the right to travel
    under Article 21.

    21. In Brij Bhushan Kathuria v. Union of India12, this Court held that
    the phrases “economic interest” and “larger public interest” cannot be
    expansively interpreted to ensnare persons who were past associates of a
    company under investigation, without any specific role being attributed to
    them in the wrongdoing.
    In Anastasiia Pivtsaeva &Anr. v. Union of India
    &Ors.13
    , this Court held that mere familial relationship with an accused,
    absent concrete material showing direct complicity, cannot justify the
    continuation of an LOC.
    In Puja Chadha v. Directorate of
    Enforcement14
    ,and Sandeep Dhanuka v. Directorate of Revenue
    Intelligence15, this Court undertook a comprehensive review of the entire
    LOC regime and its limits, confirming that the LOC power must be
    exercised sparingly and in strict conformity with the 2021 OM and the
    judicial framework thereunder.

    22. It is further material to note that in Anant Raj Kannoria v. Union of
    India & Anr.16
    ,this Court held that the mechanical continuation of an LOC,
    in the absence of contemporaneous justification, and where the petitioner
    has neither evaded the process of law nor shown any inclination to obstruct
    the investigation, constitutes an unwarranted and prima facie arbitrary
    restriction on personal liberty under Article 21. The obligation of periodic
    review is thus not discretionary; it is constitutionally mandated.

    12

    2021 SCC OnLine Del 2587.

    13

    2024 SCC OnLine Del 5170
    14
    2025:DHC:8787.

    15

    2025 SCC OnLine Del 8280.

                        16
                           W.P.(C) 3313/2023 decided on 09.01.2026
    
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    Signed By:AMIT KUMAR                                                                       Signed
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    Signing Date:22.05.2026                                                                    By:PURUSHAINDRA
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                         C. INTERNATIONAL JURISPRUDENCE ON THE RIGHT TO
                        TRAVEL
    
    

    23. The right to travel is recognised as a fundamental human right in
    international law. Article 13 of the Universal Declaration of Human Rights,
    1948, proclaims that every person has the right to freedom of movement
    within the borders of each state, and that every person has the right to leave
    any country, including his own, and to return to his country. Article 12 of
    the International Covenant on Civil and Political Rights, 1966 (“ICCPR”),
    to which India is a party, provides that everyone lawfully within a territory
    shall have the right to liberty of movement therein, and the right to leave any
    country, including his own. Article 12(3) of the ICCPR permits restrictions
    on this right only where they are provided by law, are necessary to protect
    national security, public order, public health, morals, or the rights and
    freedoms of others, and are consistent with the other rights recognised in the
    ICCPR.

    24. These international obligations, though not directly enforceable in
    domestic courts without legislation, inform and enrich the content of the
    rights guaranteed under the Indian Constitution, and this Court is duty-
    bound to interpret constitutional provisions in a manner consistent with
    India‟s international commitments. In National Legal Ser Auth v. Union of
    India &Ors.
    the Supreme Court held that:-

    “53.Article 51, as already indicated, has to be read along with Article
    253
    of the Constitution. If the parliament has made any legislation
    which is in conflict with the international law, then Indian Courts are
    bound to give effect to the Indian Law, rather than the international
    law. However, in the absence of a contrary legislation, municipal
    courts in India would respect the rules of international law. In His

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    Holiness Kesavananda Bharati Sripadavalvaru v. State of
    Kerala
    (1973) 4 SCC 225, it was stated that in view of Article 51 of
    the Constitution, the Court must interpret language of the
    Constitution, if not intractable, in the light of United Nations Charter
    and the solemn declaration subscribed to it by India. In Apparel
    Export Promotion Council v. A.K Chopra Chopra
    (1999) 1 SCC 759, it
    was pointed out that domestic courts are under an obligation to give
    due regard to the international conventions and norms for construing
    the domestic laws, more so, when there is no inconsistency between
    them and there is a void in domestic law.
    Reference may also be made
    to the Judgments of this Court in Githa Hariharan (Ms) and another v.
    Reserve Bank of India and another
    (1999) 2 SCC 228, R.D. Upadhyay
    v. State of Andhra Pradesh and others (2007) 15 SCC 337 and
    People’s Union for Civil Liberties v. Union of India and another
    (2005) 2 SCC 436.
    In Vishaka and others v. State of Rajasthan and
    Others
    (1997) 6 SCC 241, this Court under Article 141 laid down
    various guidelines to prevent sexual harassment of women in working
    places, and to enable gender equality relying on Articles 11, 24 and
    general recommendations 22, 23 and 24 of the Convention on the
    Elimination of All Forms of Discrimination against Women. Any
    international convention not inconsistent with the fundamental
    rights and in harmony with its spirit must be read into those
    provisions, e.g., Articles 14, 15, 19 and 21 of the Constitution to
    enlarge the meaning and content thereof and to promote the object
    of constitutional guarantee. Principles discussed hereinbefore on TGs
    and the International Conventions, including Yogyakarta principles,
    which we have found not inconsistent with the various fundamental
    rights guaranteed under the Indian Constitution, must be recognized
    and followed, which has sufficient legal and historical justification in
    our country.

    [Emphasis Supplied]

    25. In the United States, the Supreme Court in Kent v. Dulles17, held that
    the right to travel is a part of the “liberty” of which a citizen cannot be
    deprived without due process of law under the Fifth Amendment to the
    Constitution. Justice William O. Douglas, writing for the Court, observed
    that freedom of movement across frontiers in either direction, and inside
    frontiers as well, is a part of the “liberty” of which the citizen cannot be

    17
    357 U.S. 116 (1958).

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    Signed By:AMIT KUMAR                                                                     Signed
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    deprived without due process of law. The Court noted that this right is
    deeply embedded in our constitutional heritage, intimately related to
    personal choice and dignified existence.

    26. The Supreme Court of Canada, in Colet v. The Queen18, and
    subsequently under the Canadian Charter of Rights and Freedoms, Section
    6
    , has recognised the right to enter, remain in, and leave Canada as a
    protected mobility right. The Charter imposes on the state the obligation to
    justify any limitation on mobility rights under Section 1, which permits
    limitations only by “a reasonable limit prescribed by law” that “can be
    demonstrably justified in a free and democratic society.” The requirement
    that a limitation be “prescribed by law”, meaning that it must be accessible,
    precise, and foreseeable, closely mirrors the requirement in Indian
    constitutional law that a restriction on personal liberty must be founded on a
    law duly enacted by a competent legislature, as held in Maneka Gandhi.

    27. The Privy Council, in Thomas v. Baptiste19, affirmed that the right to
    liberty and personal freedom is a constitutional right of the highest order,
    and that even in cases involving persons suspected of serious crime, the
    State must act strictly in accordance with the procedures established by law,
    respecting both the letter and the spirit of constitutional guarantees. The
    Privy Council‟s consistent emphasis on the need for strict procedural
    compliance, not merely nominal adherence to form but substantive
    compliance with the rights of the individual, informs this Court‟s approach

    18
    [1981] 1 SCR 2.

                        19
                          [2000] 2 AC 1
    
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    in insisting on an independent, reasoned, and speaking order before any
    LOC is issued or continued.

    28. Drawing from the domestic and comparative constitutional
    jurisprudence discussed above, this Court confirms all the 9 propositions of
    law laid down in the Preceding Judgment. Para 34-38 are extracted herein as
    under:

    “33. On a conspectus of constitutional provisions, the
    regulatoryframework, and the entire body of judicial opinion surveyed
    above,this Court distils the following governing legal principles for
    theissuance, continuance, and judicial review of Look Out Circulars:

    34. First, the right to travel abroad is an integral facet of the
    fundamental right to life and personal liberty under Article 21 of
    theConstitution. Any restriction on this right must be founded on
    law,must follow a procedure that is just, fair, and reasonable, and
    must notviolate any other fundamental right. Executive instructions
    cannot be asubstitute for legislative mandate for the possible
    restriction offundamental rights. Second, an LOC is a coercive
    executive measureof last resort. It is not a routine tool for law
    enforcement or debtrecovery. Recourse to an LOC may be taken only
    in cases involving acognizable offence under the IPC or other penal
    laws, where the accused is deliberately evading arrest or not
    appearing before the trial Court despite NBWs and other coercive
    measures, and there is a real and proximate likelihood of absconding.

    35. Third, public sector banks, through their Chairman, Managing
    Directors, or Chief Executive Officers, do not possess legal authority
    to seek the opening of an LOC. Clause 6(B)(xv) of the 2021 OM
    (equivalent to Clause 8(b)(xv) of the 2010 OM), which conferred such
    power upon bank officials, stands quashed by decisions of both this
    Court and the Bombay High Court.

    36. Fourth, mere inability to repay a debt, without there being a
    criminal case, cannot be a reason to deprive a citizen of the
    fundamental rights guaranteed under Article 21. The issuance of an
    LOC cannot be resorted to in every case of bank loan default or credit
    facility availed for business purposes. Where the person against whom
    the LOC is opened has not been arrayed as an accused in any offence
    for misappropriation or siphoning, the LOC cannot be sustained.

    Fifth, the power under Clause 6(L) of the 2021 OM to issue an LOC in
    cases detrimental to the “economic interests of India” is to be
    narrowly construed and must be exercised only in rare and compelling

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    circumstances where the proposed departure poses a clear and grave
    threat to the national or systemic economic interests of India, not in
    cases of routine commercial default or individual business failure. The
    quantum of the alleged default and the nature of the loss must be
    assessed to determine whether it genuinely imperils the national
    economic interest.

    37. Sixth, the authority charged with opening an LOC must apply its
    mind independently and cannot act as a mere instrument of the
    originating agency. There must be a speaking order, based on specific
    and credible inputs, justifying the necessity of the restraint. A
    mechanical or pro forma compliance with the originating authority’s
    request cannot satisfy this requirement. Seventh, an LOC cannot be
    issued against a person merely on account of his status as a director,
    guarantor, shareholder, or family member of a defaulting borrower, in
    the absence of specific material demonstrating his direct and personal
    role in the alleged wrongdoing. Guilt is personal and not vicarious in
    civil or criminal liability.

    38. Eighth, the continuance of an LOC is not indefinite. It must be
    periodically reviewed and must be withdrawn when its purpose has
    been served. Where the subject has cooperated with the investigation,
    has not evaded process, and where no further interrogation or
    presence is required, the continued operation of an LOC amounts to
    an unreasonable and unjustified restriction on personal liberty. Ninth,
    while the High Court, in exercise of writ jurisdiction, is duty-bound to
    subject LOCs to strict judicial scrutiny, the Writ Court is not the
    exclusive forum for challenge. A person against whom an LOC has
    been issued may, in the first instance, approach the originating
    authority for withdrawal, or approach the trial Court for its rescission
    or modification. However, where these remedies are inadequate or
    ineffectual, the writ jurisdiction is clearly available. Tenth, the burden
    of justifying the necessity, proportionality, and legality of an LOC lies
    squarely upon the originating agency. In the absence of such
    justification, the LOC cannot be sustained. Courts must not accept
    bald assertions of security concerns or economic interest without
    requiring the originating agency to place credible material before the
    Court.”

    29. The weight of constitutional and comparative jurisprudence surveyed
    above firmly places the burden of justifying an LOC upon the originating
    agency. However, this Court is equally mindful that the LOC regime serves
    a legitimate and important purpose: the prevention of flight from justice, the

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    protection of ongoing investigations, and the preservation of the sovereignty
    and integrity of the State‟s law enforcement apparatus. The framework of
    this Court, and the international standards with which it aligns, does not
    deny the legitimacy of these interests; it demands that they be pursued
    through means that are proportionate, documented, and subject to judicial
    oversight.

    
                        D. ANALYSIS
    
                        I.    LOCs    ISSUED       AT     THE       BEHEST      OF       FINANCIAL
                        INSTITUTIONS/BANKS
    
                        (i) W.P.(C) 18435/2025
    

    30. The petitioner, M. Thiagarajan, an entrepreneur based in Madurai,
    Tamil Nadu, and the Key Managerial Personnel of M/s Paramount Textile
    Mills Pvt. Ltd. (“PTMPL”), a Government of India recognised Two Star
    Export Trading House engaged in the export of textiles and related goods to
    international markets seeks quashing of the LOC dated 20.11.2021, issued
    against him at the instance of Respondent No. 2/Indian Bank.

    31. The petitioner was formerly the Managing Director of Paramount
    Airways Private Limited (“PAPL”), a private airline company currently
    under liquidation, in which capacity he served until his formal resignation
    on 05.09.2009. It is the petitioner‟s case that his executive authority within
    PAPL was significantly curtailed even prior to his resignation, specifically
    from 16.09.2007 onwards following a resolution passed in an Extraordinary
    General Meeting of PAPL dated 15.09.2007, which restricted his role in the
    financial and operational affairs of the company. Importantly, the petitioner

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    was not a personal guarantor for any of the credit facilities availed by PAPL
    from Respondent No. 2, and had ceased to be a signatory on any company
    financials from 15.09.2007, well before the alleged financial irregularities
    and non-repayment of loans came to light.

    32. Respondent No. 2 Bank, which is one of the complainants in the
    ongoing criminal proceedings, alleges that public money in excess of Rs. 50
    crores remains exposed on account of the financial irregularities of PAPL,
    and seeks the continuance of the LOC on that basis.

    33. The petitioner has been made a party to multiple proceedings arising
    out of his erstwhile association with PAPL. FIR bearing RC No. 7(E)/2011
    was registered against him under Sections 13(2) read with 13(1)(d) of the
    Prevention of Corruption Act and Section 120B read with Section 420 IPC,
    which culminated into CBI proceedings titled “CBI vs. Ramadoss Etc.”
    bearing CC No. 73/2019, presently pending for arguments on charge before
    the Ld. Special Judge (PC Act) CBI-03, Rouse Avenue District Courts, New
    Delhi, in which the petitioner was enlarged on bail vide order dated
    22.01.2013 and has duly complied with all bail conditions.

    34. A second CBI case titled “CBI vs. Paramount Airways Private
    Limited” bearing Case No. 239/2019 (CNR No. DLCT12-000751-2019) is
    pending before the Ld. Special Judge CBI-03, Rouse Avenue District
    Courts, New Delhi, in which the petitioner was enlarged on bail vide order
    dated 01.09.2022, with charges yet to be framed.

    35. In both CBI cases, Respondent No. 2 Bank has itself joined the
    investigation and its officials have been listed as prosecution witnesses in

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    the respective chargesheets. In the Enforcement Directorate proceedings
    under the PMLA bearing ECIR No. ECIR/CEZO/07/2016, the investigation
    qua the petitioner stands completed and no custody of the petitioner has
    been sought at any stage. SFIO proceedings bearing EOCC No. 1731/2016
    are pending before the competent court, in which the petitioner has fully
    cooperated.

    36. During the pendency of the CBI proceedings, the Ld. Special Judge,
    PC Act (CBI)-03, Rouse Avenue District Courts, New Delhi, vide order
    dated 01.04.2025, permitted the petitioner to travel to Kuala Lumpur from
    04.04.2025 to 11.04.2025, and the petitioner duly complied with all
    conditions imposed therein and returned to India within the stipulated
    period, demonstrating his bonafides.

    37. Having set out the facts of each of the aforementioned petitions, this
    Court finds it apposite to note that all abovementioned petitions, though
    arising from distinct factual matrices, share a common and identical legal
    thread: in each case, the LOC has been issued solely at the instance of a
    public sector bank, in the absence of any subsisting independent criminal
    proceeding forming the foundation for such issuance, or in cases where the
    petitioner is either not named as an accused, has been discharged by the
    Trial Court, or is merely a guarantor or former director with no direct and
    personal complicity established in the alleged fraud or misappropriation. It is
    for this reason that all petitions are being considered and disposed of
    together, as they raise identical questions of law and call for the application
    of the same settled legal principles.

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    Signed By:AMIT KUMAR                                                          Signed
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    Signing Date:22.05.2026                                                       By:PURUSHAINDRA
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    38. The fundamental question before this Court in these petitions resolves
    itself into a single compound inquiry, whether the concerned LOCs qualify
    and meet the principles set out by this Court in para. 34-38 of this
    judgement, including, inter alia, whether at the time of issuance of the LOC,
    a live and validly registered cognizable offence under the IPC or any other
    penal statute, and was the LOC issued by a competent authority acting upon
    credible, specific, and independently verified material? Where the LOC is
    found to fall ill with the principles enunciated above, the LOC must fall, and
    this Court is constitutionally obligated to quash it. When the facts of each of
    the aforenoted petitions before this Court are tested against this standard, it
    is evident that none of them satisfy the requirement of law.

    39. The LOC is accordingly quashed and set aside in, subject to the
    following conditions:-

    a. Petitioner shall be entitled to travel abroad without any prior
    permission from this Court. The petitioner shall, however,
    intimate the concerned Bank, with their full itinerary either
    personally or through counsel, at least 48 hours prior to his/her
    departure;

    b. If, for any reason, it is not possible to furnish the said
    intimation within 48 hours, the same shall be furnished
    immediately when the travel plan is finalised; and

    c. If on account of a change in law, including a declaration by a
    Court, affirming the competence/jurisdiction of financial

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    institutions to seek the issuance LOCs, the institutions shall be
    at liberty to seek the issuance of LOCs in accordance with law.

    40. The concerned Banks are directed to inform the Bureau of
    Immigration regarding, inter alia, the quashing of the LOCs against the
    respective petitioners, and to take all necessary steps to ensure that the
    petitioners are not impeded from travelling abroad. The petitioner shall also
    be at liberty to send such communication to the Immigration Department
    independently.

                        II.   LOCs    ISSUED      BY    INVESTIGATING           AGENCIES            AND
                        MINISTERIES
    
                        (ii) W.P.(C) 3100/2022
    
    

    41. The petitioner is an Indian citizen permanently residing in Delhi, and
    is the Co-founder of Ceekr, an organization which enriches personal growth
    of an individual by being a community and content-driven social network.
    Respondent No. 4/Central Board of Direct Taxes conducted searches at the
    office and residential premises of the petitioner and her husband on
    03.02.2021 and 10.02.2021, during the course of which the statement of the
    petitioner was duly recorded, thereby evidencing her full and voluntary
    cooperation with the investigation from the very inception.

    42. On 14.02.2022, the petitioner, while travelling to the United States of
    America for the nasal surgery of her daughter which was scheduled on
    18.02.2022, was detained by the airport authorities at IGI Airport and her
    boarding pass was cancelled on account of LOC opened in her name.

    Signature Not Verified Signature Not Verified

    Signed By:AMIT KUMAR                                                          Signed
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    Signing Date:22.05.2026                                                       By:PURUSHAINDRA
    18:06:34                                            Page 22 of 37             KUMAR KAURAV
    

    43. Since the filing of the present Writ Petition, the Petitioner has been
    permitted to travel abroad on 10 occasions, and on each and every such
    occasion, the petitioner has duly complied with all conditions imposed upon
    her and has returned to India within the stipulated period without any default
    or violation, thereby demonstrating in the most unequivocal manner that the
    petitioner is not a flight risk and harbours no intention of evading the
    process of law or absconding from the jurisdiction of this Court. The travel
    permissions so granted are provided as under:-

                              S.     Order Date      Destination             Purpose of Travel
                              No
                              1.     11.05.2023         USA              Daughter of the petitioner
                                                                          is graduating from The
                                                                          New School University
                              2.     07.06.2023      European            50th Wedding Anniversary
                                                    Union (Spain,             of close relatives
                                                       France
                                                       &Italy)
                              3.     11.09.2023         Italy                     N/A
                              4.     03.01.2024      Bangkok,             Expansion of business
                                                      Thailand
                              5.     24.06.2024         USA           Professional commitments
                              6.     14.11.2024       Muscat,          Personal commitments
                                                       Oman
                              7.     03.02.2025      Bangkok,             Personal commitments
                                                      Thailand
                              8.     19.03.2025         USA                         N/A
                              9.     16.12.2025        Phuket,                      N/A
                                                      Thailand
                              10.    25.03.2026         USA                         N/A
    
    
    

    44. It is further pertinent to note that the application for citizenship of
    Malta, which was applied for by the husband of the petitioner in the year
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    2016 for himself and his dependents including the petitioner herein, was
    rejected in the year 2018 by the Individual Investor Program Agency, Malta,
    on account of non-completion of the application within the stipulated two-
    year time frame, and accordingly no pending application seeking citizenship
    of Malta remains in the name of the petitioner.

    (iii) W.P.(C) 1978/2025

    45. The petitioner, is a Director of Wave Megacity Centre Pvt. Ltd.
    (“WMCC”), a company engaged in the business of real estate development,
    and has served in the said capacity until his resignation on 29.12.2023.

    46. On 25.03.2021, WMCC was constrained to prefer Company Petition
    (IB) No. 197/PB/2021 before the National Company Law Tribunal, New
    Delhi (“NCLT”) under Section 10 of the Insolvency and Bankruptcy Code,
    2016 on account of certain disputes and illegal demands being raised by
    NOIDA Authority in relation to the Project Wave Mega City Centre. Vide
    Order dated 06.06.2022, the said Company Petition came to be dismissed by
    the NCLT, New Delhi, and a direction was issued to the Central
    Government to make necessary investigation into the affairs of the said
    Company. WMCC‟s appeal against the said Order also came to be dismissed
    by the NCLAT vide Judgment dated 05.01.2023, and the Order passed by
    the NCLT was upheld.

    47. On the basis of the Judgment dated 06.06.2022 passed by the NCLT
    and upheld by the NCLAT vide Judgment dated 05.01.2023, Respondent
    No. 2/Ministry of Corporate Affairs (“MCA”) initiated investigation vide
    Reference No.INV/210/RDNR/200/2023/I00086693 against WMCC, which

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    is presently ongoing. The impugned LOC was opened at the behest of
    Respondent No. 2/MCA pursuant to the aforesaid investigation initiated
    consequent upon the Order of the NCLAT dated 05.10.2023.

    48. During the course of investigation being carried out by Respondent
    No. 2, the petitioner has extended complete cooperation and has appeared
    and provided requisite information to the Notices issued by Respondent No.
    2 under Section 210(1)(c) and (2) r/w Section 217 of the Companies Act,
    2013 on 26.07.2023, 30.10.2023, and 16.02.2024, appearing before the
    Investigating Officer on 21.11.2023 and 28.02.2024 respectively, and
    furnishing requisite information vide Letter dated 06.03.2024.

    49. Across all of the aforesaid proceedings, no adverse observation has
    been made qua the Petitioner‟s conduct or cooperation, no non-bailable
    warrant has been issued against him, and no coercive measure of any nature
    has been taken or sought against him at any stage.

    50. During the pendency of the present proceedings, this Court has
    permitted the petitioner to travel abroad on four separate occasions, and on
    each and every such occasion, the petitioner has duly complied with all
    conditions imposed by this Court and has returned to India within the
    stipulated period without any default or violation whatsoever, thereby
    demonstrating that the petitioner is not at flight risk. Travel permissions are
    produced as under:-

                              S.No. Order Date          Destination       Purpose of Travel
    
                                 1.    26.08.2025          Zurich,           Family Vacation
    
    
    Signature Not Verified                                                         Signature Not Verified
    Signed By:AMIT KUMAR                                                           Signed
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    Signing Date:22.05.2026                                                        By:PURUSHAINDRA
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                                                        Switzerland &
                                                           London
    
                                 2.    24.11.2025         Maldives          Family Vacation
    
                                 3.    17.12.2025          France           Family Vacation
                                                        &Netherlands
    
                                 4.    23.01.2026        Kazakhstan         Family Vacation
    
    
    
    

    51. It is further pertinent to notice that this Court, in proceedings arising
    out of identical facts and circumstances, has already set aside the LOC
    issued against co-directors of the petitioner in Ritu Singal. It is submitted
    that the petitioner herein stands on an equal footing as compared to the co-
    directors in whose favour the aforesaid orders came to be passed, and no
    distinguishing circumstance exists which would justify the continuance of
    the impugned LOC against the Petitioner.

    (iv) W.P.(C) 6745/2025

    52. The instant petition has been filed under Article 226 of the
    Constitution of India read with Section 151 of the Code of Civil Procedure,
    1908 seeking quashing of the Look Out Circular issued by Respondent No.
    2/Income Tax Department against the petitioner.

    53. The petitioner filed his Income Tax Return for the Assessment Year
    2021-2022 through the Income Tax Department‟s e-filing portal bearing
    Acknowledgement Number 760639930291021, in which the petitioner
    declared a total income of Rs. 11,03,530/-. On 09.03.2022, a search and
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    seizure operation under Section 132 of the Income Tax Act, 1961 was
    carried out by Respondent No. 2 in the „Sterre Sharma Group‟ cases at
    various business and residential premises associated with the said group, and
    the residential premises of the petitioner were also covered under the said
    operation.

    54. It is submitted that as of date, no investigation by Respondent No. 2 is
    pending against the petitioner, no cognizable offence has been registered
    against him, no FIR has been lodged, no warrant has been issued, and no
    proceedings of any nature are subsisting against the petitioner. The
    petitioner has deep roots in India, is a permanent resident of Delhi, is a tax
    payer, and continues to be professionally active.

    55. On receipt of information regarding alleged non-disclosure of foreign
    properties, a search and seizure action was conducted on 24.10.2024 and
    concluded on 27.10.2024 at various premises of the petitioners in Safdarjung
    Enclave, New Delhi and at Narmada River View Resort, Madhya Pradesh.
    Certain incriminating material was found which prima facie revealed an
    undisclosed foreign entities and assets, including an entity by the name of
    Safai International operating in Tashkent, Uzbekistan, purportedly run by
    petitioner no. 1.

    56. There is no FIR registered against any of the petitioners nor is any
    cognizable offence under investigation. On 14.04.2025, petitioner no. 1
    submitted a written request to the Respondent seeking withdrawal of the
    LOC for himself and his family members, assuring continued cooperation.
    For the past six months, no further summons or notices have been issued to
    the petitioners.

    Signature Not Verified Signature Not Verified

    Signed By:AMIT KUMAR                                                          Signed
    SHARMA
    Signing Date:22.05.2026                                                       By:PURUSHAINDRA
    18:06:34                                             Page 27 of 37            KUMAR KAURAV
                         (v) W.P.(C) 16047/2025
    

    57. The petitioner is a citizen of the People‟s Republic of China who was
    engaged as a Director of Navitasys India Private Limited (“NIPL”), an
    Indian company engaged in the business of manufacturing lithium-ion
    batteries, through Board Resolution dated 18.03.2019, for the purpose of
    providing technical expertise and know-how in order to develop the
    manufacturing operations of NIPL in India. The petitioner is not a Key
    Managerial Personnel of NIPL and his role was limited to providing
    technical supervision regarding customer relations and quality control,
    necessitating his regular business visits to India.

    58. The petitioner travelled to India on 12.07.2025 for the discharge of his
    official work. On 31.07.2025, NIPL was served with a Notice of
    Investigation by the Serious Fraud Investigation Office (“SFIO”) under
    Section 212 of the Companies Act, 2013. Notwithstanding the fact that the
    petitioner was not a Key Managerial Personnel of NIPL, the petitioner
    extended his complete cooperation to the SFIO and appeared before it on
    09.10.2025 and 31.10.2025, responding to every query to the best of his
    knowledge and providing all clarifications sought by the SFIO regarding
    NIPL‟s operations, management, and decision-making structure.

    59. During the pendency of the present proceedings, this Court permitted
    the petitioner to travel to China vide order dated 01.12.2025 on one occasion
    from 12.12.2025 to 28.01.2026 and the Petitioner duly complied with all
    conditions imposed by this Court and returned to India within the stipulated
    period without any default or violation whatsoever, thereby demonstrating
    that the petitioner is not a flight risk.

    Signature Not Verified Signature Not Verified

    Signed By:AMIT KUMAR                                                           Signed
    SHARMA
    Signing Date:22.05.2026                                                        By:PURUSHAINDRA
    18:06:34                                                Page 28 of 37          KUMAR KAURAV
    

    60. Ld. counsel for Respondent No. 3/SFIO, upon instructions, submitted
    before this Court that the investigation by the SFIO has been completed and
    that as of now, no fraud element has appeared against the petitioner.

    (vi) W.P.(C) 3492/2026

    61. The petitioner seeks quashing of the LOC issued at the instance of
    Respondent No. 1/Department of Revenue and Respondent No. 2/SFIO.
    Investigation under Section 212 of the Companies Act, 2013 had
    commenced in the year 2019 against the petitioner in connection with the
    affairs of Punj Lloyd Limited. The petitioner was last summoned to join the
    investigation on 23.09.2024.

    62. It is most pertinent to note that SFIO, in its counter affidavit filed in
    W.P.(C) 14557/2025, has itself taken a categorical position that the
    investigation stood completed. As of date, no complaint, prosecution report,
    or charge-sheet has been filed against the petitioner before any court of
    competent jurisdiction.

    63. Parallelly, proceedings were initiated against the petitioner under the
    Black Money (Undisclosed Foreign Income and Assets) and Imposition of
    Tax Act, 2015
    (“Black Money Act”), and an Assessment Order came to be
    passed on 30.03.2024, Aggrieved by the said Assessment Order, the
    Petitioner preferred an appeal before the Commissioner of Income Tax
    (Appeals), who further reduced the assessed undisclosed foreign
    assets/income to Rs. 7,34,676/- vide order dated 14.07.2025. The petitioner,
    being aggrieved even by the said order of the Commissioner of Income Tax

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    (Appeals), has preferred a further appeal before the Income Tax Appellate
    Tribunal (“ITAT”), which is presently pending adjudication.

    64. It is further pertinent to bring to take note that the Petitioner has, on
    five separate occasions, been permitted by this Court in W.P.(C) 9372/2024
    to travel abroad, and on each and every such occasion, and the petitioner
    duly complied with all conditions imposed and returned to India within the
    stipulated period without any default or violation whatsoever. The details of
    the said orders, are as under:

                              S.No. Order Date            Destination      Purpose of Travel
    
                                 1.    07.01.2025        United Kingdom
    
                                 2.    16.05.2025        UAE, Bahrain,     Business Meetings
                                                           UK & Italy
    
                                 3.    21.08.2025        Portugal, Spain   Medical Treatment
                                                            & UAE
    
                                 4.    09.01.2025    UAE & Sri Lanka
    
                                 5.    12.01.2026          Thailand &          Business
                                                           Singapore
    
    
    
    

    65. Having considered the overall facts and circumstances, this Court
    finds that the case of the petitioner squarely falls within Category B of the
    judgment passed in the case of Ritu Singal v. Bureau of Immigration &
    Ors.
    , wherein this Court categorised writ petitions in Para 3 as:-

    Signature Not Verified Signature Not Verified

    Signed By:AMIT KUMAR                                                          Signed
    SHARMA
    Signing Date:22.05.2026                                                       By:PURUSHAINDRA
    18:06:34                                               Page 30 of 37          KUMAR KAURAV
    

    “3. These writ petitions have been categorised into three broad classes
    for the purposes of discussion, analysis, and disposal, namely:

    Category A — cases where the Look Out Circular has been issued
    solely at the instance of financial institutions; Category B — cases
    where the Look Out Circular has been issued at the instance of
    ministries and investigating agencies; and Category C — cases where
    petitioner is relegated to the forum that issued LOC. Each category
    raises distinct, though interrelated, legal issues which shall be
    addressed in the appropriate sequence in this judgment.

    93. The present petitions have been filed by five petitioners, all
    members of the same family, seeking quashing of the LOCs issued
    against them at the instance of the Serious Fraud Investigation Office
    (“SFIO”). The petitioners were appointed to different positions in
    Assotech Limited, a company engaged in real estate development
    having executed multiple projects across Delhi and the National
    Capital Region.”

    66. The continuation of the impugned LOCs in the aforenoted cases is not
    sustainable, they are accordingly set aside, subject to the following
    conditions:

    a. The petitioners shall be entitled to travel abroad without any
    prior permission of this Court. The petitioners shall, however,
    intimate and provide the full itinerary to the concerned
    department/agency, either personally or through counsel, at
    least 48 hours prior to their departure; and

    b. If, on account of a change in law, or any other supervening
    event, including a declaration by a Court, the institutions shall
    be at liberty to seek the issuance of LOCs in accordance with
    law.

    Signature Not Verified Signature Not Verified

    Signed By:AMIT KUMAR                                                                Signed
    SHARMA
    Signing Date:22.05.2026                                                             By:PURUSHAINDRA
    18:06:34                                               Page 31 of 37                KUMAR KAURAV
    

    67. The concerned Investigating agencies/Ministries are directed to
    inform the Bureau of Immigration regarding, inter alia, the quashing of the
    LOCs against the respective petitioners, and to take all necessary steps to
    ensure that the petitioners are not impeded from travelling abroad. The
    petitioner shall also be at liberty to send such communication to the
    Immigration Department independently.

    68. With the aforesaid directions, the aforesaid petitions stand disposed of
    accordingly.

    69. While the aforesaid common conditions shall apply to all
    abovementioned petitions, it is further directed that in certain petitions, the
    following additional conditions shall apply over and above the common
    conditions set out hereinabove.

    W.P.(C) 6745/2025

    70. The petitioner shall disclose all his assets, to the IT Authority, held
    by him or the company entities controlled by him directly or indirectly in
    any foreign country whether it is movable or immovable within 15 days
    from the date of receipt of this order.

    III. APPROPRIATINESS OF RELEGATING THE PETITIONER TO
    THE FORUM THAT ISSUED THE LOC

    71. Having disposed of the category of matters wherein the LOC
    warranted outright quashing, it is necessary to advert to a separate and
    doctrinally distinct category of cases presently before this Court, wherein the
    factual matrix does not justify immediate annulment of the LOC, and

    Signature Not Verified Signature Not Verified
    Signed By:AMIT KUMAR Signed
    SHARMA
    Signing Date:22.05.2026 By:PURUSHAINDRA
    18:06:34 Page 32 of 37 KUMAR KAURAV
    wherein the relief sought by the petitioners is more appropriately and
    efficaciously available by way of recourse to the forum that originally
    passed the order directing issuance of the Letters of Caution, or to the Court
    seized of the underlying criminal proceedings.

    72. These constitute those categories of cases wherein the writ court,
    upon final disposal of the writ petition, has refrained from interfering with
    the LOC while contemporaneously issuing a direction to the petitioner to
    seek appropriate relief before the competent authority or forum that
    originally issued the order for issuance of the LOC. This mode of
    adjudicatory disposal warrants distinct and considered analytical treatment,
    inasmuch as it reflects a nuanced judicial acknowledgment of the
    constitutional equilibrium between the writ Court‟s plenary and supervisory
    jurisdiction on the one hand, and the institutional primacy and precedential
    competence of the originating forum as the court or authority of first
    instance on the other. The locus classicus governing this category of cases is
    the decision in Sumer Singh Salkan, which enunciated comprehensive and
    binding guidelines constituting the normative framework for the Letters of
    Caution regime. It specifically held as under:

    “11A… Recourse to LOC can be taken by investigating agency in
    cognizable offences under IPC or other penal laws, where the
    accused was deliberately evading arrest or not appearing in the
    trial court despite NBWs and other coercive measures and there
    was likelihood of the accused leaving the country to evade
    trial/arrest.

    B. The Investigating Officer shall make a written request for LOC to
    the officer as notified by the circular of Ministry of Home Affairs,
    giving details & reasons for seeking LOC. The competent officer
    alone shall give directions for opening LOC by passing an order in
    this respect.

    Signature Not Verified Signature Not Verified

    Signed By:AMIT KUMAR                                                                Signed
    SHARMA
    Signing Date:22.05.2026                                                             By:PURUSHAINDRA
    18:06:34                                               Page 33 of 37                KUMAR KAURAV
    

    C. The person against whom LOC is issued must join investigation
    by appearing I.O or should surrender the court concerned or should
    satisfy the court that LOC was wrongly issued against him. He may
    also approach the officer who ordered issuance of LOC &explain
    that LOC was wrongly issued against him. LOC can be withdrawn
    by the authority that issued and can also be rescinded by the trial
    court where case is pending or having jurisdiction over concerned
    police station on an application by the person concerned.

    D. LOC is a coercive measure to make a person surrender to the
    investigating agency or Court of law. The subordinate courts’
    jurisdiction in affirming or cancelling LOC is commensurate with
    the jurisdiction of cancellation of NBWs or affirming NBWs.”

    73. The disposal of a writ petition with a direction to approach the forum
    issuing LOC or undertaking an investigation, is not a rejection of the
    petitioner‟s grievance on merits but a recognition of the institutional design
    of the LOC regime, which contemplates a layered grievance-redressal
    mechanism. The petition dealt with hereinbelow fall squarely within this
    category.

    (vii). W.P.(C) 7051/2024

    74. The petitioner, a law-abiding citizen of India and a permanent resident
    of Kolkata, West Bengal, is an actor by profession having featured in
    various Hindi and Regional Cinema and Web-Series, and was a non-
    executive director in certain companies engaged in the business of
    construction, entertainment industry and allied activities. The petitioner
    seeks quashing of the Look Out Circular and/or revocation of the
    ban/restriction imposed on his travel abroad by the Respondents, at the
    instance of Respondent No. 2/Ministry of Corporate Affairs, without any
    basis, notice, or communication having ever been served upon him.

    Signature Not Verified Signature Not Verified

    Signed By:AMIT KUMAR                                                               Signed
    SHARMA
    Signing Date:22.05.2026                                                            By:PURUSHAINDRA
    18:06:34                                               Page 34 of 37               KUMAR KAURAV
    

    75. On 19.10.2023, the petitioner was stopped at the Netaji Subhash
    Chandra Bose International Airport, Kolkata, when he was travelling to
    Singapore along with his wife and daughter. The petitioner was informed by
    the Immigration Officer that a ban/restriction had been imposed on his travel
    abroad by the Ministry of Corporate Affairs and that he should get in touch
    with Respondent No. 2 for further details. The petitioner was not furnished
    with a copy of any notice/circular imposing such ban, nor were any reasons
    or particulars in relation thereto communicated to him, and till date no such
    copy has been received by the petitioner. The petitioner had no knowledge
    whatsoever of any travel ban or any proceedings pending against him until
    the said incident occurred at the Kolkata International Airport.

    76. Thereafter, the petitioner undertook multiple bona fide steps to
    ascertain the reasons for the said travel ban. The petitioner sent an email to
    Respondent No. 2 on 20.10.2023 seeking information and guidance,
    submitted a detailed representation dated 23.12.2023 to Respondent No. 2
    requesting disclosure of the details and relevant documents/notice in relation
    to the ban, filed an online RTI application dated 23.12.2023 before the
    Ministry of Corporate Affairs which was disposed of on 22.01.2024 with the
    reply that no such data was available with the public authority, sent a further
    email dated 17.02.2024 to Respondent No. 2 requesting intervention and
    response, and caused a detailed representation dated 11.03.2024 to be served
    upon Respondent No. 1 by email and speed post, which was received on
    14.03.2024. Despite the aforesaid representations and reminders, no
    response of any nature has been received from either Respondent till date,

    Signature Not Verified Signature Not Verified
    Signed By:AMIT KUMAR Signed
    SHARMA
    Signing Date:22.05.2026 By:PURUSHAINDRA
    18:06:34 Page 35 of 37 KUMAR KAURAV
    leaving the petitioner entirely in the dark as to the reasons and details of the
    travel restriction imposed upon him.

    77. In view of the foregoing, the present petitions are disposed of with the
    following directions:

    a. The writ petitions are disposed of with liberty to the respective
    petitioners to approach the Court of competent jurisdiction
    before which the chargesheet/complaint is pending, seeking
    modification or cancellation of the LOC, as the case may be;

    b. The concerned Courts shall consider such applications
    expeditiously and in accordance with law; and

    c. It is made clear that this Court has not expressed any opinion
    on the merits of the LOC or the underlying criminal
    proceedings, and the disposal of these petitions shall not
    prejudice the rights of any party before the trial court.

    D. CONCLUSION

    78. In view of the foregoing discussion and the reasons recorded
    hereinabove, all the writ petitions listed herein, being, W.P.(C) 18435/2025,
    W.P.(C)3100/2022, W.P.(C) 1978/2025, W.P.(C) 6745/2025, W.P.(C)
    16047/2025, and W.P.(C) 3492/2026, stand disposed of along with all the
    pending applications in the above terms. The Impugned LOCs issued against
    the respective petitioners in each of the aforementioned writ petitions are,
    hereby, set aside and quashed.

    Signature Not Verified Signature Not Verified

    Signed By:AMIT KUMAR                                                            Signed
    SHARMA
    Signing Date:22.05.2026                                                         By:PURUSHAINDRA
    18:06:34                                             Page 36 of 37              KUMAR KAURAV
    

    79. So far as W.P(C) 7051/2024 is concerned, the petitioners in the said
    writ petitions are relegated to the appropriate forum to seek relief in
    accordance with law. It is clarified that this Court has not expressed any
    opinion on the merits of the claims of the said petitioners, and it shall be
    open to them to avail such remedies as may be available to them in law. The
    said writ petitions, along with all pending applications, stand disposed of
    accordingly.

    
    
                                                        (PURUSHAINDRA KUMAR KAURAV)
                                                                    JUDGE
                        MAY 15, 2026
                        NK/SH/P/aks
    
    
    
    
    Signature Not Verified                                                      Signature Not Verified
    Signed By:AMIT KUMAR                                                        Signed
    SHARMA
    Signing Date:22.05.2026                                                     By:PURUSHAINDRA
    18:06:34                                            Page 37 of 37           KUMAR KAURAV
     



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