MRS. SAPNA GUPTA AND ANR. vs UNION OF INDIA AND ANR.

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14855/2024 and CM APPL. 80159/2025 Date of Decision: 25.02.2026 IN THE MATTER OF: MRS. SAPNA GUPTA AND ANR. .....Petitioners Through: Mr. Rajul Shrivastav and Mr. Arnav Chaudhary Advocates. versus UNION OF INDIA AND ANR. .....Respondents Through: Mr. Ripudaman Bhardwaj CGSC with Mr. Rudra paliwal, GP for UOI. Mr. Arun Aggarwal and Kajal Ashok Mishra, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) Admittedly, the Look Out Circulars (‘LOCs’) have been issued against the petitioners at the instance of the Bank. 2. There does not seem to be any investigation being carried out by any of the investigating agencies. The power of the Charmain, Managing Director or Chief Executive Officer of the Public Sector Banks with respect to opening of the LOC has been decided by this Court in the case of Vineet Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed SHARMA Signing Date:28.02.2026 By:PURUSHAINDRA 17:12:08 W.P.(C) 14855/2024 Page 1 of 3 KUMAR KAURAV Gupta vs. Union of India, 1. The relevant paragraph is extracted as under: “28. On the conspectus of the aforenoted decisions and memorandum, it is seen that the following guiding principles emerge governing the issuance, continuance, and judicial review of LOC: (i) LOC constitutes a coercive executive measure having a substantial impact on the fundamental right to travel, which forms an integral facet of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. Consequently, the power to issue an LOC must be exercised sparingly, strictly in accordance with law, and only upon satisfaction of the conditions prescribed under the governing Office Me