Factual Background
In the matter of Sanjay Dangi v. Union of India a request for a stay of the Look Out Circular, which prohibits the petitioner from travelling overseas. The petitioner wanted to travel to the USA and London, however the respondents Union of India and Central Bureau of Investigation issued a LOC against him. When the petitioner was halted by the immigration authority at the CSMI Airport on June 25, 2022, he learned that the aforementioned LOC had been issued at the request of CBI. The petitioner filed an immediate writ petition asking for a stay on the matter, claiming that it was important for him to attend the conference in New York because he was the principal participant. Additionally, others’ travel plans had already been finalised.
Analysis of Court order
The petitioner was permitted to travel abroad by the division bench of Justice G.S. Patel and Justice Neela Gokhale of the Bombay High Court but was censured for finalising her trip plans before requesting permission from the court. The following terms and restrictions were imposed by the court on the aforementioned LOC’s stay: A promise to return to India before the end of the month has to be submitted by the petitioner. The petitioner was required to include his complete itinerary for his trips to the United States and London, as well as his contact information and residence for the duration of his travels.
The petitioner was required to submit an assurance that he wouldn’t ask for the order’s extension till he got back to India. The petitioner finalised itineraries before requesting the Court’s permission, which was also taken offence by the court. The Court chastised the parties and advised them to apply ahead of time rather than putting undue pressure on the courts. The Court further ordered the Immigration Authorities to approve the petitioner’s passage and book his flights out of India at all ports of departure, including airports. They were also instructed to act on an authenticated or digitally signed copy of the immediate order instead of requesting a certified copy of it.