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2022 (10) TMI 738 - HC - Money LaunderingPermission to travel abroad - Seeking production of purported Look Out Circulars, if any, issued and operating against the Petitioner - seeking production of records maintained by pursuant to which a request was made to issue the purported Look Out Circulars against the Petitioner - seizure of passport by CBI - HELD THAT - On perusal of orders passed by the learned Trial Court which categorically require the Petitioner to seek its permission before any travel abroad. Similarly the Supreme Court while granting interim bail to the Petitioner has also clarified that the terms and conditions granted by the learned Trial Court would naturally apply to its Order granting interim bail to Petitioner. If the Petitioner desires to travel abroad she is at liberty to seek prior permission of the appropriate/concerned Trial Court, wherein she is charged as an accused - As and when the Petitioner makes any such application for travel abroad, the prosecution/prosecuting agency therein shall be at liberty to press any such ground, including the ground of existence/subsistence of LOC against the Petitioner - Petition disposed off.
Issues:
1. Petitioner's request for disclosure of Look Out Circulars and related records. 2. Apprehensions regarding Look Out Circulars issued by CBI and Enforcement Directorate. 3. Concerns about the Bureau of Immigration's Look Out Circular against the Petitioner. Issue 1: The Petitioner sought the disclosure and production of Look Out Circulars (LOCs) and related records, along with the recall or cancellation of any existing LOCs. Additionally, the Petitioner requested the suspension of any current LOCs to facilitate travel outside India. The Petitioner raised concerns about the impact of LOCs issued against her by various authorities. Analysis: The Petitioner's plea centered around the need for transparency regarding the LOCs issued against her and the associated records. The Petitioner aimed to address the potential hindrance posed by LOCs to her travel plans. The court examined the circumstances leading to the issuance of LOCs and the legal implications of such measures on the Petitioner's freedom of movement. Issue 2: The Petitioner expressed apprehensions regarding the issuance of Look Out Circulars by the Central Bureau of Investigation (CBI) and the Enforcement Directorate. The Petitioner highlighted specific cases where she was named as an accused, leading to concerns about potential LOCs affecting her ability to travel abroad. Analysis: The court reviewed the orders passed by the Trial Courts, including directions related to the Petitioner's travel permissions and bail conditions. The court noted the involvement of multiple agencies in the cases against the Petitioner and the impact of LOCs on her legal proceedings. Special attention was given to the conditions imposed by the Trial Courts and the Supreme Court regarding the Petitioner's travel restrictions. Issue 3: The Petitioner also raised concerns about a Look Out Circular issued by the Bureau of Immigration (BOI) at the behest of the Income Tax Department. The Petitioner sought clarity on the current status of this LOC and its potential implications on her travel plans. Analysis: The court examined the communication from the Income Tax Department confirming the absence of any current LOC against the Petitioner. The court also considered specific orders allowing the Petitioner to travel abroad under certain conditions set by the Trial Courts. The court addressed the Petitioner's fears of being prevented from traveling due to the perceived existence of LOCs and provided clarifications on the procedures to be followed for seeking travel permissions in light of the ongoing legal proceedings. In conclusion, the court clarified the procedures for the Petitioner to seek permission for international travel in the context of the existing legal orders and conditions imposed by the Trial Courts and the Supreme Court. The judgment provided insights into the complexities surrounding Look Out Circulars and their impact on an individual's right to travel, emphasizing the need for adherence to legal processes and permissions in such cases.
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