Bombay High Court
Anurag S/O Padmesh Gupta vs Bureau Of Immigration, Ministry ... on 7 June, 2022
Bench: A.S. Chandurkar, Amit B. Borkar
wp2827.22.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 2827/2022
Anurag Padmesh Gupta
...VERSUS...
Bureau of Investigation, Ministry of Home Affairs, Govt. of India & Ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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S/Shri D.V. Chauhan, A.A. Naik, & C.J. Dhru, Advocates for the Petitioner
Shri N.S. Deshpande, ASGI for the respondent no. 1
Shri S.N. Kumar, Advocate for the respondent no. 2
CORAM : A.S. CHANDURKAR & AMIT BORKAR, JJ.
JUNE 07, 2022
1. By this petition under Article 226 of the Constitution of India,
the Petitioner is seeking direction against the respondent nos. 1 and
2 to disclose whether the Look Out Circular is issued against the
Petitioner and, if issued, to stay the effect, operation and
implementation of the said Look Out Circular and permit him to
travel to Turkey for eight days from 09/06/2022 to 17/06/2022.
2. The Petitioner is a personal guarantor of a private limited
company M/s. Gupta Energy Pvt. Ltd. is engaged in electricity and
power generation. To establish the Power Plant, a consortium led by
Asix Bank Limited and another group of lenders, namely L & T
Infrastructure Finance, State Bank of Mysore, Corporation Bank,
State Bank of India and respondent No. 3, financed the project.
Proceedings under the Insolvency & Bankruptcy Code, 2016 are
pending in relation to the said Company before NCLT, Mumbai and
the same is under liquidation order passed by the NCLT dated
15/03/2018.
ANSARI
3. Since the marriage of the sister-in-law of the Petitioner is
scheduled in Turkey from 12/06/2022 till 14/06/2022, the
Petitioner intends to travel to Turkey. Accordingly, the Petitioner, on
the basis of the apprehension that the respondent nos. 1 and 2 have
issued Look Out Circular against him, restraining him from travelling
to Turkey has approached this Court by way of the present petition.
4. On 31/05/2022, the learned Single Judge of this Court issued
notice to the respondents, making it returnable on 06/06/2022. This
writ petition was taken up for consideration along with Writ Petition
No. 2826/2022. On 06/06/2022, the parties to the petition were
heard at length. Since the Look Out Circular copy was not available
with the parties to the petition, Shri Deshpande learned ASGI made a
statement that he would make available the copy of Look Out
Circular if issued against the Petitioner before the Court. Accordingly,
the present writ petition was kept today at 4:30 pm for passing of
orders along with Writ Petition No. 2826/2022, filed by the
Petitioner herein.
5. The hearing of Writ Petition No. 2826/2022 was complete on
06/06/2022, and it was fixed for the passing of orders today at 4:30
pm. This Court, for detailed reasons, quashed and set aside the order
of DRT refusing permission to travel to Turkey. This Court further
permitted the Petitioner to travel to Turkey from 09/06/2022 to
17/06/2022 subject to furnishing the undertaking as stated in
paragraph 25 of the said judgment.
6. We have heard Shri D.V. Chauhan and Shri A. Naik, learned
advocates for the Petitioner, Shri Deshpande, learned ASGI for the
Union of India and Shri Kumar, learned Advocate for the respondent
no. 2 - Bank.
ANSARI
7. Shri Naik, learned advocate for the Petitioner, submitted that
the right to travel abroad had been recognized as the fundamental
right enshrined under Article 21 of the Constitution of India. He
submitted that a person could not be deprived of his personal liberty
in the absence of specific enacted law. According to him, there is no
offence registered against the Petitioner nor any decree passed by the
Competent Court requiring the Petitioner to pay the amount to the
Bank. He submitted that the Petitioner is entitled to travel to Turkey
in such circumstances. He submitted that in view of the order passed
in Writ Petition No. 2826/2022, the Petitioner would be filing the
undertaking as directed by this Court in the said judgment.
8. Per contra, Shri Deshpande learned ASGI submitted that the
Union of India has powers for issuance of Look Out Circular against
the Petitioner. According to him, the Look Out Circular has been
issued on the basis of a complaint made by one of the banks in the
consortium. However, it is stated that the complaint is returned with
the instructions to obtain the consent of all the member banks of the
consortium to file a complaint with CBI. It is also stated that the
elements of fraud and criminality are not mentioned in the
complaint.
9. Having carefully considered the submissions made on behalf
of both sides, we are of the opinion that the expression 'personal
liberty' as enshrined under Article 21 of the Constitution of India
includes a right of a citizen to travel abroad and return to the home
country without any impediment. The Constitution Bench of the
Hon'ble Apex Court in the case of Smt. Maneka Gandhi vs. Union of
India reported in AIR 1978 SC 597 has held that the expression
'personal liberty' in Article 21 of the Constitution of India is of the
widest amplitude, which includes the right to go abroad.
ANSARI
10. We have perused the Look Out Circular placed on record by
the learned ASGI. On perusal of the said Look Out Circular, it
appears that the Petitioner is not arraigned as accused of any
cognizable offence. Furthermore, there is no allegation that the
actions of the Petitioner are detrimental to the sovereignty, security
or integrity of India or bi-lateral relations with any country of
strategic/economic interest of India. The Petitioner is ready to file
the undertaking as stated in paragraph 25 of the judgment in Writ
Petition No. 2826/2022. Therefore, we are satisfied that the
Petitioner has made out a case for a grant of interim relief.
11. We, therefore, pass the following order:-
(a) The effect, operation and implementation of the Look Out
Circular on the basis of the letter issued by the respondent no. 2 -
State Bank of India dated 19/09/2020 is stayed until further orders.
(b) The Petitioner is permitted to travel to Turkey from
09/06/2022 to 17/06/2022 subject to furnishing the undertaking as
stated in paragraph 25 of the judgment in Writ Petition No.
2826/2022 in this Court.
(c) The learned ASGI shall communicate this order to respondent
No. 1 for enabling necessary steps to be taken in the matter.
12. Stand over to four weeks.
(AMIT BORKAR, J.) (A.S. CHANDURKAR, J.)
Signed By:AKRAM PARVEZ
MAQSOOD AHMAD ANSARI
Private Secretary to Hon'ble Judge
Signing Date:08.06.2022 11:32
ANSARI
