Karnataka High Court
Mrs Rumana Bai vs Union Of India on 16 December, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:51815
WP No. 3777 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 3777 OF 2024 (GM-PASS)
BETWEEN:
MRS. RUMANA BAI
WIFE OF MOHAMMED GHOUSE SAIT,
AGED ABOUT 33 YEARS,
RESIDING AT FLAT NO.3002
GROUND FLOOR,
ANRIYA ATRIEUS APARTMENT,
5TH BLOCK, ASHWATH NAGAR,
HBR LAYOUT,
BENGALURU-560 043.
...PETITIONER
(BY MS. AMANDA CHAKRAVARTI, ADVOCATE FOR
SRI. AJESH KUMAR S., ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF EXTERNAL AFFAIRS,
Digitally signed by B
IMMIGRATION DEPARTMENT,
K GOVERNMENT OF INDIA,
MAHENDRAKUMAR
Location: HIGH NEW DELHI-110 001
COURT OF
KARNATAKA
REPRESENTED BY ITS SECRETARY.
2. CHIEF IMMIGRATION OFFICER
BUREAU OF IMMIGRATION,
MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA,
REPRESENTED BY ITS COMMISSIONER (IMMIGRATION)
EAST BLOCK-VIII, LEVEL-V
R.K. PURAM, NEW DELHI,
ALSO AT
BENGALURU INTERNATIONAL AIRPORT LIMITED,
BENGALURU KIAL ROAD, DEVANAHALLI,
BENGALURU-560 300.
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NC: 2024:KHC:51815
WP No. 3777 of 2024
3. FOREIGN REGIONAL REGISTRATION OFFICER, (FRRO)
BANGALORE BUREAU OF IMMIGRATION
MINISTRY OF HOME AFFAIRS
GOVERNMENT OF INDIA
5TH FLOOR, 'A' BLOCK, TTMC
BMTC BUS STAND BUILDING
K.H.ROAD, SHANTHINAGAR
BANGALORE-560 027.
4. THE CHIEF MANAGER
BANK OF BARODA (EARLIER VIJAYA BANK)
M G ROAD
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. H. SHANTHIBHUSHAN, ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO
QUASH THE ENDORSEMENT DATED 04.02.2024 APPENDED
AT ANNEXURE-B CANCELLING THE IMMIGRATION ENTRY OF
THE PETITIONER ON HER PASSPORT BEARING NO. V4035041
THEREBY PREVENTING THE PETITIONER FROM TRAVELING
TO JEDDAH FROM BENGALURU AS IT IS HIGHLY ARBITRARY,
VIOLATION OF ARTICLES 14, 19, 21 OF THE INDIAN
CONSTITUTION, 1950, IN VIEW OF THERE BEING NO
CRIMINAL PROCEEDINGS INITIATED AGAINST THE
PETITIONER BY THE RESPONDENT BANK UNDER ANY OF
THE LAWS OF THIS COUNTRY BEFORE ANY COMPETENT
COURT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
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WP No. 3777 of 2024
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The borrower, who is classified as will defaulter, is before this Court challenging the lookout circular issued by the respondent No.2 - Chief Immigration Officer at the behest of respondent No.3 - Bank.
2. This Court in WP No.20327/2022 (DD 11.9.2024) allowed the writ petition, and held that the lookout circular issued by the respondent No.2 at the instance of the respondent No.3 is held to be unenforceable by observing as follows:
"2. The issue is as to whether lookout circular can be issued at the behest of the Bank was examined by the Division Bench of the High Court of Bombay in the case of Viraj Chetan Shah -vs- Union of India through the Ministry of Home Affairs and another and other connected matters - (2024 SCC OnLine Bom 1195).
3. Negating the authority of PSBs to originate requests to issue LOCs against defaulters, the Division Bench of the High Court of Bombay in the case of Viraj Chetan Shah v. Union of India [2024 SCC OnLine Bom 1195], had summarised the guidelines for issuing Look-out Circulars as follows:
1. LOCs may only be issued by the investigative agency in cognizable offences under the Penal Code, 1860, or other penal laws where the accused -4- NC: 2024:KHC:51815 WP No. 3777 of 2024 is deliberately evading arrest or not appearing in the Trial Court despite the issuance of non-bailable warrants and other measures. The LOC is used when there is a likelihood of the accused leaving the country to evade trial or arrest.
2. The investigating officer must make a written request to the officer notified by the Ministry of Home Affairs, detailing the reasons for the LOC. Only the competent officer can authorise the issuance of the LOC.
3. The person against whom the LOC is issued must cooperate with the investigation by appearing before the investigating officers, surrendering to the court, or showing that the LOC was wrongly issued against them. Such a person may also approach the authority who issued the LOC to explain its wrongful issuance. The LOC may be withdrawn by the authority that issued it or rescinded by the Trial Court or a court with jurisdiction over the police station on application by the concerned individual.
4. The LOC is a coercive measure to compel a person to surrender to the investigating agency or court. Subordinate courts have jurisdiction similar to their role in affirming or cancelling non-bailable warrants.
4. In similar circumstances, placing reliance on the above, a coordinate Bench of this Court in W.P. No. 7927/2023 : D.D. 31.08.2024, concluded that a public sector bank could not be the originator of an LOC and that an LOC cannot be issued for every case of bank default or credit facility, and a citizen's fundamental right to travel abroad cannot be curtailed solely due to failure to repay a bank loan."-5-
NC: 2024:KHC:51815 WP No. 3777 of 2024
3. In view of the above, the writ petition is allowed.
ORDER
i) The petition is allowed.
ii) The Look-out notice issued by respondent No.2, at the instance of respondent No.3 is hereby held to be unenforceable. The respondents are hereby directed not to curtail the fundamental rights of the petitioners to travel abroad.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE BKM