Introduction:

The Delhi High Court has dismissed a plea challenging a Look Out Circular (LOC) issued against Rahul Dilip Shah, emphasizing that the Bureau of Immigration lacks jurisdiction to delete an LOC independently without a request from the Originator. Justice Subramonium Prasad maintained that the Bureau of Immigration cannot act as an Appellate Authority, highlighting that the deletion of an LOC must occur only upon request from the competent authority.

Arguments of Both Sides:

Rahul Dilip Shah’s plea contested the LOC issued at the instance of the Economic Offences Wing (EOW) Mumbai. The petitioner argued that the Bureau of Immigration exceeded its authority by issuing the LOC without proper justification. However, the court rejected the plea, stating that the LOC was appropriately issued by EOW Mumbai, and Shah’s refusal to respond to multiple summons indicated an unwillingness to cooperate with the investigation.

Court’s Judgment:

Justice Prasad dismissed the plea, underscoring Shah’s non-compliance with summons and the absence of any protective order against arrest. The court emphasized that Shah’s reluctance to join the investigation suggested a lack of intent to return to India. While denying the quashing of the LOC, the court suggested that Shah could approach the competent courts after the investigation concludes. The judgment reaffirms the limited role of the Bureau of Immigration in LOC matters and the need for individuals to respond to legal proceedings adequately.