Facts
The petitioner challenged a Look Out Circular (LOC) issued in connection with criminal cases initiated by the CBI, SFIO and Enforcement Directorate.
Source reference: no citationEarlier challenges to the LOC had been dismissed.
Source reference: no citationIn W.P. No. 27856 of 2024, the High Court permitted foreign travel subject to conditions, including furnishing ₹50 crore security; the LOC would stand suspended during travel when those conditions were met
Source reference: p. 3–5After the petitioner withdrew that security, the Court directed him to remain in India
Source reference: p. 6In the present petition, he relied on changed circumstances, including payments towards settlement of civil liabilities: ₹190 crore in relation to the IL&FS account and ₹130 crore towards the IDBI account.
Source reference: p. 6–8He ultimately offered to furnish ₹25 crore security instead of ₹50 crore
Source reference: p. 6–8Issues
1. Whether the petitioner’s asserted settlements and other changed circumstances justified permitting foreign travel despite the subsisting LOC
Source reference: p. 6–82. Whether the security condition imposed by the Court’s earlier order should be modified from ₹50 crore to ₹25 crore
Source reference: p. 7–8Law Applied
The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution
Source reference: p. 2The Court applied the conditions imposed in its order dated 21 December 2024 in W.P. No. 27856 of 2024, under which foreign travel was permitted subject to safeguards, including a personal bond, sureties, security, travel intimation, and suspension of the LOC only during travel
Source reference: p. 4–5The Court did not cite or formulate any separate statutory rule or precedent in this order.
Source reference: no citationReasoning
The Court considered the petitioner’s payments towards the civil liabilities and his willingness to provide ₹25 crore security, as well as his affidavit identifying the sources of payments towards the IDBI settlement, which the Court viewed as demonstrating cooperation with law-enforcement authorities
Source reference: p. 6–8Although the respondents argued that the settlements did not extinguish the petitioner’s criminal liability and opposed reducing the security, the Court concluded that the circumstances warranted continuing the earlier conditional travel arrangement, with a reduced security requirement
Source reference: p. 7–8Holding
The Court ordered the petition on the same terms as its 21 December 2024 order, with the security specified in clause (c) reduced from ₹50 crore to ₹25 crore
The LOC was not unconditionally withdrawn; it remained subject to the earlier order’s conditions, including suspension only during travel in accordance with those conditions.
Source reference: p. 5, 8Original Court PDF
C.SivasankaranvsForeigner Regional Registration Officer (FRRO)
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
