TaxTMI 
TaxTMI 
2026 (3) TMI 443
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....ing relief: "i. Issue a Writ of certiorari/ mandamus or any other appropriate writ, order or direction in the nature thereof to quash the Look Out Circulars issued against the Petitioner (bearing Passport No. Z5808693) at the instance of the Respondent No. 1, and issue necessary directions to the Respondents, including the Bureau of Immigration, Ministry of Home Affairs, New Delhi in this regard for enabling the Petitioner to travel abroad. ii. Issue a writ of certiorari/ mandamus or any other writ/ order/ direction in the nature thereof directing the Respondent No. 3 to not restrict the Petitioner (bearing Passport No. Z5808693) from traveling abroad. iii. Issue a writ of certiorari/ mandamus or any other writ/ o....
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....unsel appearing for the petitioner, submits that the failure to appear pursuant to summons dated 10.01.2025 was on account of non-receipt of the same as he was travelling at the relevant time. The submissions are opposed by Mr. Farman Ali, learned counsel, who submits that the petitioner has a business in Dubai and possesses a 'Golden Visa'. Therefore, according to him, there exists reasonable apprehension that the petitioner would flee from the country. 5. The Court has considered the various submissions made by the parties and finds that till date there is no F.I.R against the petitioner. During the pendency of the petition, the petitioner was permitted to travel abroad with the permission of the Court on five occasions. The details th....
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....n Shah v. Union of India 2024 SCC Online Bom 1195, has copiously reiterated that LOC is a coercive executive measure that directly impinges upon the fundamental right to travel, which forms an integral part of personal liberty under Article 21 of the Constitution of India. It was also emphasised that continuance of an LOC is not indefinite and must withstand strict judicial scrutiny on the touchstone of various factors like necessity, proportionality, fairness, and due process. Thus, it was held that where the subject has cooperated with investigation and there is no demonstrable requirement for restraint, continuation of the LOC would be arbitrary and liable to be quashed. The relevant extract of the decision in Vineet Gupta reads as under....
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...., would not withstand the scrutiny of law and judicial review. Thus, as of now, the LOC issued to Public Sector Banks cannot be sustained and are liable to be quashed; (v) Courts, in exercise of writ jurisdiction, are duty-bound to subject the issuance and continuation of LOCs to strict scrutiny, balancing the legitimate interests of the State with the individual's fundamental rights, and to quash such circulars where the restraint imposed is found to be arbitrary, disproportionate, lacking in statutory backing, or violative of the principles of fairness, reasonableness, and due process. Ultimately, the burden lies squarely upon the "originating agencies" to justify, the necessity, proportionality, and legality of the restraint, fa....