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        Case ID :

        2012 (7) TMI 1161 - HC - Indian Laws

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        Foreign nationals face lawful movement restrictions under immigration controls, and a Look Out Circular may continue despite a valid visa. A foreign national cannot claim the same freedom of movement and residence as a citizen when challenging a Look Out Circular. The text explains that, for ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Foreign nationals face lawful movement restrictions under immigration controls, and a Look Out Circular may continue despite a valid visa.

                          A foreign national cannot claim the same freedom of movement and residence as a citizen when challenging a Look Out Circular. The text explains that, for foreigners, constitutional protection is confined to life and personal liberty under Article 21, while the statutory and administrative framework permits restrictions on movement, residence, arrival and departure for monitoring and law-enforcement purposes. It also notes that prior visa violations and the stated basis for the circular supported its continuation, so holding a student visa did not by itself make the circular unlawful. The challenge to withdrawal of the Look Out Circular therefore failed.




                          Issues: Whether a foreign national with a valid visa could seek removal of a Look Out Circular on the ground that it caused harassment and violated his rights.

                          Analysis: The petitioner was admittedly a foreigner, and the right asserted had to be tested in that context. The Court noted that the constitutional protections relied upon did not confer on foreigners the same freedom of movement and residence available to citizens, and that a foreigner's protection is confined to life and personal liberty under Article 21 of the Constitution of India. It further noted that the statutory and administrative framework governing foreigners permits restrictions on movement, residence, arrival and departure, including the use of Look Out Circulars for monitoring and law-enforcement purposes. The petitioner's prior visa violations and the stated basis for the circular showed that its continuance was not unlawful merely because he held a student visa.

                          Conclusion: The challenge to the Look Out Circular failed and the prayer for its withdrawal was rejected.


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                          ActsIncome Tax
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