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of <h1>Court quashes lookout circular, restores travel rights, emphasizes freedom to travel</h1> <h3>Mr. Asif Hanif Thara Versus Union Of India, Assistant Director Special Task Force 9ED-Hqrs) Directorate Of Enforcement New Delhi, Assistant Director Special Task Force (ED-HQRS) Directorate Of Enforcement, Chief Immigration Officer Bengaluru</h3> Mr. Asif Hanif Thara Versus Union Of India, Assistant Director Special Task Force 9ED-Hqrs) Directorate Of Enforcement New Delhi, Assistant Director ... Issues:Petitioner seeks recall of lookout circular against him and restoration of fundamental right to travel abroad.Analysis:1. Search and Summons: The petitioner, a businessman, was searched by the Enforcement Directorate for alleged violation of the Foreign Exchange Management Act, 1999. Subsequently, he received summons to appear before the Directorate, which was postponed multiple times without any fresh communication issued. 2. Travel Restriction: The petitioner, attempting to travel abroad, discovered a lookout circular preventing his travel. Despite compliance with court directives for travel, the circular hindered his departure. The petitioner approached the Court seeking relief to watch a football event. 3. Legal Arguments: The petitioner's counsel argued that he is not an accused, cooperated with authorities, and the alleged violation is not penal but subject to a fine. They emphasized the petitioner's law-abiding nature and business ties in the country, urging the recall of the lookout circular to restore his right to travel. 4. Enforcement Directorate's Position: The Enforcement Directorate contended that the case pertained to an alleged Act violation, emphasizing the need for travel intimation. They produced communication allowing the petitioner's travel, highlighting the need for only informational updates between concerned parties. 5. Court's Decision: After considering submissions, the Court noted the absence of grounds for the lookout circular against the petitioner. Citing the importance of the right to travel abroad as a fundamental human right, the Court directed that the petitioner not be detained or questioned based on the circular. The circular was modified to require only arrival/departure information, ensuring the petitioner's unrestricted travel.6. Legal Precedent: The Court referenced the Apex Court's recognition of the right to travel abroad as a significant human right, emphasizing that curtailing this right must be in accordance with the law. Quoting previous judgments, the Court highlighted the importance of this freedom and the need to respect it unless legally justified.7. Final Order: The Court disposed of the writ petition, instructing that the petitioner should not face any travel restrictions or questioning due to the lookout circular. The Originating Agency and Bureau of Immigration were directed to update their records accordingly, with the petitioner retaining the liberty to approach the Court in case of order violations.
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