Supreme Court Stays Bombay HC Ruling on Look Out Circulars: Balancing Fundamental Rights and Economic Security
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The Supreme Court has stayed a Bombay High Court judgment that quashed the power of Public Sector Banks to request Look Out Circulars against wilful defaulters. The decision highlights the judicial challenge of balancing the Article 21 right to travel with the state's interest in recovering massive public funds.
The Supreme Court of India recently stayed a significant judgment by the Bombay High Court which had invalidated the authority of Public Sector Banks (PSBs) to request Look Out Circulars (LOCs) against wilful defaulters. This legal development reopens the debate on the extent of executive power in restricting personal liberty for the sake of economic security.
The controversy stems from an Office Memorandum (OM) issued by the Ministry of Home Affairs (MHA), which empowered the Chairmen of PSBs to request the Bureau of Immigration to issue LOCs against individuals whose travel abroad might be detrimental to the 'economic interests of India.' The Bombay High Court had struck down these provisions, ruling that the right to travel abroad is a fundamental facet of personal liberty under Article 21 of the Constitution. The High Court argued that such a right cannot be curtailed by mere executive instructions or circulars without a specific law enacted by the Parliament.
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