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This court is of the view that without giving notice to the petitioner, interim order should not have been cancelled to issue warrant of arrest on the prayer of the respondent nos.3 and 4 merely on the ground of non-appearance made on behalf of the petitioner on the assigned date.

Look Out Circular ---– The petitioner was apprehended by the Immigration Department at Airport on 16th April, 2021 pursuant to a lookout circular. The petitioner was produced before the Learned A.C.J.M. on 16th April, 2021. By the order dated 16.04.2021, the petitioner was admitted on interim bail on condition that he shall appear before the concerned investigating authority or before the learned Court where the case is lying pending. The petitioner counsel submitted that there is no prima facie case of the petitioner being an accused in connection with any specific case registered against him. The petitioner has already submitted all the documents as demanded previously by the respondent. The court observed that there is no specific case made out against the petitioner by the respondent authorities for the purpose of investigation. Without giving notice to the petitioner, interim order should not have been cancelled to issue warrant of arrest. The petitioner has a fundamental right of movement and right to life as enshrined in Article 19(1)(b) of the Constitution of India. Therefore, he has a right to travel beyond the territory of India as held by the Hon’ble Supreme Court in Maneka Gandhi vs. Union of India. Look Out Notice is issued by executive authorities in arbitrary manner, under the Scheme of Office Memorandum of the Ministry of Home Affairs, it is imperative on that part of the Parliament to legislate and in act complete legislation on the subject of Look Out Circular.

Held that:- The Hon’ble High Court quashed the Look Out Circular and directed that the petitioner would cooperate the respondent authorities.

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