2022 (1) TMI 1218 - HC - Money Laundering

Seeking suspension of the Look Out Circular issued against her for a period of six months to enable her to travel abroad to obtain medical treatment and take the Pfizer booster dose in the United Arab Emirates (UAE) on 06.01.2022 - HELD THAT - The petitioner should not be denied the opportunity of being administered a booster dose in UAE, especially, when she had taken the earlier two doses of the Covid vaccination in the UAE itself. It may be also noted that the petitioner has already been granted permission to travel abroad several times, which liberty she has never misused. Moreover, the learned Trial Court has, on 17.12.2021, in another case pending against the petitioner, granted her permission to travel abroad for a period of four months, subject to certain conditions. The petitioner are permitted to travel to the UAE for a period of eight weeks, which permission would be subject to conditions already imposed by the learned trial court vide its order dated 17.12.2021. The petitioner will return back to the country within eight weeks of her departure from the country - application allowed.

Summary

Issues:
1. Suspension of Look Out Circular (LOC) for medical treatment abroad.
2. Maintainability of the writ petition due to a prosecution complaint.

Suspension of LOC for medical treatment abroad:
The petitioner filed an application seeking suspension of the Look Out Circular (LOC) issued against her to travel abroad for medical treatment and to receive the Pfizer booster dose in the United Arab Emirates (UAE). The petitioner had an appointment for the Pfizer booster shot in Dubai, UAE, and the respondents were given time to verify this. Despite efforts to verify, no response was received. Considering the global impact of the Omicron variant of Covid-19, the court acknowledged the petitioner's need for the booster dose, especially since she had received the earlier doses in the UAE. The petitioner had a history of traveling abroad with permission and had not misused this liberty. The court allowed the application, permitting the petitioner to travel to the UAE for eight weeks, subject to conditions imposed by the trial court in a previous order.

Maintainability of the writ petition due to a prosecution complaint:
The respondents argued that a prosecution complaint had been filed against the petitioner for the offense related to the impugned LOC, and cognizance had been taken by the trial court. They contended that the writ petition was no longer maintainable, and the petitioner should approach the trial court if aggrieved. While the petitioner's counsel disputed this argument, the court decided to consider the issue of maintainability on the next date of hearing, which was scheduled for 28.03.2022, as the subsequent date of 13.01.2022 had been cancelled.