“The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness”
The petitioner had to travel to the USA and London to attend a conference and travel arrangements were already made for other attendees.
LOCs not only cause immediate and irrevocable violation of a person’s fundamental right of movement but also have an inexplicably long shelf-life.
The Court opined that the present case would fall under the Office Memorandum which stated that “where there is no cognizable offence under IPC and other penal laws, the LOC subject cannot be detained/arrested or prevented from leaving the country.”
LOCs impinge upon the individual’s right to travel which is recognised as a Fundamental Right. However, the rights and interest of the investing public would also be a relevant consideration which cannot be ignored.
Telangana High Court: While allowing the instant petition preferred by the petitioner against the Look Out Circular (‘LOC') issued by
Central Information Commission (CIC): Saroj Punhani, J., directed the CPIO of CBI to provide a cogent and descriptive justification for denying information