Bombay High Court Imposes Rs.50,000 Cost For Last Minute Application For Stay On LOCs To Travel Abroad

The Bombay High Court has imposed an Rs. 50,000 cost for a last-minute application for a stay on Look Out Circulars (LOCs) to travel abroad; however, the interim stay was granted on an LOC issued at the instance of the CBI.

The bench of Justice G.S. Patel and Justice Neela Gokhale observed that the parties seeking to stay on any Look Out Circular (LOC) are required to apply to the Court in good time and not attempt to pressurize the Courts.

The court, while expressing its displeasure, stated, "We have previously expressed our displeasure at the manner in which these Applications are being made, with Applicants finalizing their itineraries even before they seek leave of the Court. This is not a question of whether or not there is a right that is violated. In all these applications, it seems that Courts are more or less being taken for granted, that permissions will follow and that matters, and, more importantly, that Applications will be taken up on a priority basis and even out of turn to permit the Applicants to keep to their itineraries. This is not acceptable."

A LOC was issued against the petitioner, and he was made aware of this on June 25, 2022, when the Petitioner was stopped at the CSMI Airport by the Immigration Authority. He found that the LOC was at the instance of the CBI through the Bureau of Immigration. The Application says that the Petitioner is not an accused in the CBI proceedings. There is no charge sheet against him. No charges have been filed. He has been asked to submit documents and has been called as a witness.

The Petitioner points out that he has given his no Objection to the attachment of some properties, as mentioned in his Reply in other proceedings. The charge sheet filed by the CBI in the Special CBI Court does not name the Petitioner. The Petitioner has attended Court whenever required, and the Application contained an undertaking that stated not only to return to India at the end of the month but to continue to cooperate with the CBI in further proceedings in the Special Court. The Petitioner is put on notice that this is an undertaking to the court, and it is therefore no longer simply a matter between the CBI and a potential witness.

The petitioner has sought leave to travel to the United States and certain cities there until July 3, 2023, and then to London until July 7, 2023. The original departure date of June 21, 2023, has passed.

"When last-minute Applications are made like this, it is extremely disruptive. Our staff is greatly inconvenienced. Orders are to be drawn up after the order is passed, transcribed almost instantly, sometimes on the dais itself, then corrected, signed, and uploaded, and we are supposed to believe that we are required to do this for the greater convenience of the Applicants, the disruption to the court being irrelevant. We will not entertain such Applications when they are made in this manner again. This is precisely what is happening in this case," the court said while directing the petitioner to pay a cost of Rs. 50,000 to St. Jude India Childcare Centres.

Case Title: Sanjay Dangi Versus UOI

Case No.: Interim Application (L) No. 16399 Of 2023 In Writ Petition (L) No. 2536 Of 2023

Date: 23/06/2023

Counsel For Petitioner: Prateek Seksaria

Counsel For Respondent: SK Halwasia

Click Here To Read The Order