Supreme Court Stays Bombay HC Order on Look Out Circulars: Balancing Economic Security and Personal Liberty
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The Supreme Court has stayed a Bombay High Court ruling that quashed the authority of Public Sector Banks to request Look Out Circulars against wilful defaulters. This restores the banks' power to prevent economic offenders from fleeing the country while the court examines the constitutional validity of such administrative measures.
The Supreme Court of India recently stayed a significant judgment by the Bombay High Court that had quashed the power of Public Sector Banks (PSBs) to request Look Out Circulars (LOCs) against wilful defaulters. This interim stay effectively restores the banks' ability to prevent economic offenders from leaving the country while the apex court examines the constitutional validity of the practice.
The legal controversy stems from Office Memoranda (OMs) issued by the Ministry of Home Affairs in 2018 and 2021. These OMs empowered the Chairmen of PSBs to request the Bureau of Immigration to issue LOCs if they believed a person’s departure would be detrimental to the economic interests of India. The Bombay High Court had declared these OMs unconstitutional, asserting that the right to travel abroad is a fundamental facet of personal liberty under Article 21. The High Court argued that administrative circulars cannot override fundamental rights without a specific law enacted by Parliament, and that banks should instead utilize existing frameworks like the Fugitive Economic Offenders Act.
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This article was curated using AI. While we strive for accuracy, please verify critical facts from official sources.