The Bombay High Court has clarified that senior citizens facing pending financial proceedings may be granted temporary travel relief from Look Out Circulars, provided stringent conditions are met to ensure compliance and return. This order reinforces the principle that procedural restrictions must yield to humanitarian considerations when balanced with safeguards against evasion.
Background & Facts
The Dispute
The applicants, Harbhajan Singh and his wife, are senior citizens aged 77 and 78 respectively, and former directors of a company. The Bank of Baroda, Respondent No.2, initiated civil and criminal proceedings against them relating to alleged financial irregularities. Pursuant to these proceedings, a Look Out Circular (LOC) was issued by the Bureau of Immigration, Respondent No.1, to prevent their departure from India.
Key Facts
- The applicants were initially restrained by an LOC issued at the behest of the Bank of Baroda
- The LOC was quashed by the Bombay High Court in Writ Petition No.2789 of 2023
- The matter was appealed to the Supreme Court, which, by order dated 12 August 2024, issued notice to the respondents but directed that any request for international travel by the applicants must be made to the High Court
- The applicants had previously been granted permission to travel to Chicago, USA, by an order dated 8 January 2025, subject to specific conditions
- The applicants now seek permission to travel to the United States to meet their daughter, who resides there
- The Bank of Baroda has no objection to the travel, provided the same conditions as in the January 2025 order are reimposed
Procedural History
- Date of LOC issuance: Not specified, but initiated by Bank of Baroda prior to 2023
- 2023: Writ Petition No.2789 of 2023 filed; LOC quashed by Bombay High Court
- 12 August 2024: Supreme Court issued notice in SLPs but directed applicants to seek travel permission from the Bombay High Court
- 8 January 2025: High Court granted permission to travel to Chicago, USA, with conditions
- 21 March 2026: Proposed date of departure for current travel
- 14 April 2026: Proposed date of return to India
- 16 March 2026: Present Interim Application (L) No.7170 of 2026 heard and disposed of
The Parties' Positions
Applicants/Petitioners: Senior citizens with no history of violating court conditions. Seek temporary travel permission to visit their daughter in the USA. Emphasize humanitarian grounds and prior compliance.
Respondent No.1 (Bureau of Immigration): No opposition to travel, provided conditions are met.
Respondent No.2 (Bank of Baroda): No objection to travel, provided the same conditions as in the January 2025 order are reimposed.
Relief Sought
Permission to travel to the United States of America from 21 March 2026 to 14 April 2026, with suspension of the LOC during this period, subject to conditions ensuring return and transparency.
The Legal Issue
Can a Look Out Circular be temporarily suspended for senior citizens seeking to travel abroad to meet family, even when financial proceedings are pending, provided they offer binding undertakings to return and disclose assets?
Arguments Presented
For the Appellant/Petitioner
The applicants emphasized their advanced age, lack of prior breach of court orders, and the humanitarian necessity of visiting their only daughter in the United States. They relied on the precedent set in the January 2025 order, where similar conditions were imposed and complied with. They argued that the LOC, having been previously quashed, should not be a permanent barrier to legitimate personal travel, especially when the bank consents and no flight risk is demonstrated.
For the Respondent/State
Respondent No.1 (Bureau of Immigration) did not oppose the application. Respondent No.2 (Bank of Baroda) consented to the travel, provided the same conditions as in the earlier order were reimposed, to preserve the integrity of ongoing proceedings and ensure the applicants’ return.
The Court's Analysis
The Court acknowledged the applicants’ age, their compliance with prior conditions, and the humanitarian nature of the travel. It noted that the Supreme Court had explicitly directed that such requests be made to the High Court, indicating a recognition of the need for judicial oversight rather than automatic restriction.
"The Applicants had travelled abroad in the past and have not breached any condition."
The Court emphasized that the LOC, while a legitimate tool to prevent evasion, must not be applied in a manner that disregards proportionality or humanitarian considerations. The Bank’s consent and the applicants’ willingness to submit detailed undertakings rendered the risk of non-return negligible. The Court found that the conditions proposed were sufficient to safeguard the interests of the Bank and the state while respecting the applicants’ right to personal liberty and family reunification.
The Court further directed that Immigration Authorities must act on the authenticated digital copy of the order, without requiring a certified physical copy, to avoid operational delays at ports of departure.
The Verdict
The application is allowed. The Look Out Circular issued against the applicants is suspended from 21 March 2026 to 14 April 2026. The applicants are permitted to travel to the United States of America on 21 March 2026 and must return to India on or before 14 April 2026. They must file two undertakings detailing their itinerary and affirming they will not seek extension of the order, serve them on the Prothonotary & Senior Master and counsel for Respondents 1 and 2, and submit an affidavit disclosing all movable and immovable properties to the Bank of Baroda and the Court before departure. Immigration authorities at all ports shall permit departure based on an authenticated digital copy of this order.
What This Means For Similar Cases
Travel Relief Is Possible Even in Pending Financial Cases
- Practitioners may now cite this order to seek suspension of LOCs for elderly clients with strong family ties abroad, provided they demonstrate prior compliance and offer binding undertakings
- Consent from the initiating financial institution significantly strengthens such applications
Conditions Must Be Specific and Enforceable
- Courts will require detailed itineraries, property disclosures, and non-extension undertakings as non-negotiable safeguards
- Digital authentication of court orders is now recognized as sufficient for immigration compliance
Age and Humanitarian Grounds Carry Weight
- Advanced age and family reunification are legitimate factors that may outweigh procedural restrictions, especially where no prior breach exists
- The burden shifts to the state or financial institution to demonstrate a concrete risk of evasion, not merely the pendency of proceedings
