Suresh Kumar Varma vs. Union of India and Ors
Background
The petitioner, an accused in a CBI FIR alleging bank fraud and conspiracy along with a company and its directors, challenged a Look Out Circular (LOC) issued against him that barred him from leaving India. No chargesheet had been filed even years after the FIR was registered in 2023.
Decision Breakdown
The Court reiterated principles from its own earlier ruling in Ritu Singhal v. Bureau of Immigration: that the right to travel abroad is part of the fundamental right to life and liberty, an LOC is a coercive measure of last resort (not routine law enforcement), and it cannot be sustained without a specific, credible, and continuing justification from the investigating agency. Since the CBI's counter-affidavit showed no pressing or urgent need for the LOC, and the petitioner undertook not to leave the country without informing the investigating agency and the Magistrate, the Court quashed the LOC, while granting the CBI liberty to issue a fresh one if circumstances warranted.
Lesson Learnt
A Look Out Circular cannot continue indefinitely on vague suspicion: the issuing agency must show a real, ongoing necessity, and a citizen's constitutional right to travel will prevail in its absence.