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1. The Petitioners have approached this Court challenging the Lookout Circular issued against the Petitioners by the Bureau of Immigration at the request of the Bank of Baroda.

2. The facts of the case reveal that the Petitioners were the Directors of the company, namely, M/s Sahil Home Loomtex Private Limited, which was engaged in the business of manufacturing and trading of handloom goods and had availed credit facilities from the Bank of Baroda.

9. Lookout Circulars have been issued against the Petitioners which are under challenge in the instant writ petition.

10. It is stated that applications have been filed by the Bank before the Debt Recovery Tribunal-II, Chandigarh and the same are pending adjudication. It is stated that no criminal case has been initiated against the Petitioners.

13. Lookout Circulars are issued against a person at the instance of any of the agencies mentioned in the Office Memorandums issued by the Ministry of Home Affairs from time to time.

14. Ministry of Home Affairs issued an Office Memorandum dated 27.10.2010 laying down the guidelines for issuance of Lookout Circulars. According to the said Office Memorandum dated 27.10.2010, Lookout Circulars could not be opened at the instance of Banks and, therefore, an amendment was sought to the Office Memorandum dated 27.10.2010 and an amended Office Memorandum dated 05.12.2017 was issued and Paragraph No.8 (j) of the Office Memorandum dated 27.10.2010 was amended which reads as under:

26. The issuance of lookout circular cannot be resorted to in every case of bank loan defaults or credit facilities availed for business and the Fundamental Right of a citizen of the country to travel abroad cannot be curtailed only because of failure to pay a bank loan more so when the person against whom the lookout circular is opened has not been even arrayed as an accused in any offence for misappropriation or siphoning off the loan amounts.