TaxTMI 
TaxTMI 
2022 (6) TMI 982
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....M.A.6010/2022 (Stay) 1. The petitioner has approached the Court by way of a Writ Petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the Look Out Circular/Directions issued against her that has restrained her from travelling abroad. 2. Ms. Vrinda Grover, learned counsel appearing for the petitioner submitted that the petitioner is a globally renowned journalist and is being persecuted for speaking truth to power and being critical of the incumbent establishment. Learned counsel submitted that on March 29, when the petitioner arrived at Chhatrapati Shivaji Maharaj International Airport, Mumbai, to board a flight to London to attend an event about the global proble....
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....oined the investigation and has been cooperating throughout. Additionally, the petitioner in her response dated 2nd February 2022 to the Summons issued had volunteered to appear before the Department on 11th February 2022 at New Delhi. Therefore, there is no reasonable ground for apprehension of the petitioner avoiding the investigation, and hence no case for issuing Look Out Circular is made out. Furthermore, it is stated that the said Circular has been issued without due compliance of the guidelines issued by the Ministry of Home Affairs as well as the guidelines issued by the Courts regarding the same. It is stated that the only reason that is being cited for the issuance of the impugned LOC is an apprehension that the petitioner might n....
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....at it did not want her to leave the country because it would delay the probe and filing of charge sheet in court. 8. Learned ASG in furtherance of his arguments also placed on record the Status Report and reiterated the averments mentioned therein. It is submitted that the petitioner is merely making a show of cooperation however, she has wilfully withheld furnishing of the documents as being requested from the petitioner. On 1st April 2022, the petitioner did not give specific replies to questions posed to her and instead sought time to furnish a detailed reply on 20th April 2022. Additionally, summons dated on 20th January 2022 for appearance on 31st January 2022 to submit pending details related to expenses made by her were not complied....
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....ble Warrant. In the instant case, there is no contradiction by the respondent to the submission of the petitioner that she has appeared on each and every date before the Investigating Agency when summoned, and hence, there is no cogent reason for presuming that the Petitioner would not appear before the Investigation Agency and hence, no case is made out for issuing the impugned LOC. 12. The impugned LOC is accordingly liable to be set aside as being devoid of merits as well as for infringing the Human right of the Petitioner to travel abroad and to exercise her freedom of speech and expression. For the reasons discussed above, the impugned LOC is set aside and quashed. However, a balance has to be struck qua the right of the investigation....