Nasreen Moin Qureshi v. Union Of India And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3229/2017 & CM Appln.No.25236/2017 NASREEN MOIN QURESHI ..... Petitioner Through Mr. R. K. Handoo, Mr. Yoginder Chaudhary, Mr. Manish Shukla, Mr. Nikhil Bhat and Mr. Nishant Kumar, Advocates.

versus UNION OF INDIA AND ORS ..... Respondents Through Mr. Ajay Digpaul, CGSC with Ms. Mohita, Advocate and Jitendra Singh, AD(Enforcement Directorate) for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 08.09.2017 1.

The petitioner has filed the present petition, inter alia, praying as under:

"a) Issue a Writ of Mandamus and/or any other writ direction or order in nature thereof commanding the Respondents to forthwith handover the original passport of the Petitioner being Passport No.

Z-2093823, illegally impounded by the Respondents; and b) Issue a writ of certiorari or any other writ, direction or order in the nature thereof calling for the records, pertaining to the LoC issued by the

Respondents against the Petitioner and quashing and setting aside the same; and c) Award compensation of an amount of Rupees Ten Lacs to the Petitioner for humiliating the Petitioner; causing mental, physical agony to the Petitioner and violating the fundamental rights of the Petitioner by the Respondents; and d) Direct appropriate action including disciplinary action against the officials of Enforcement Directorate for illegally impounding the passport of the Petitioner and for issuance of illegal LoC against the Petitioner; and/or e) Pass any other order(s) as this Hon'ble Court deem fit and proper in the facts and circumstances of the case."

2.

Insofar as the issue relating to impounding the petitioner's passport is concerned, the same was directed to be returned by an order dated 02.08.2017 and this Court had noted that the only issue that survived in the present petition was with regard to the Look Out Circular dated 25.10.2016 issued by the respondents.

3.

Learned counsel for the respondents states, on instructions, that the said Look Out Circular will be withdrawn. He, however, requests that the petitioner be directed to give prior information of her travel overseas as well as her location/contact details abroad. This Court does not find the said request to be unreasonable. This will also enable the respondents to forward such communications as the respondents may consider necessary. 4.

In view of the above, it is directed that the Look Out Circular be withdrawn by the respondents within one week from today. Insofar as the

other reliefs sought by the petitioner are concerned - that is, with regard to compensation for the treatment meted out to the petitioner and for initiation of disciplinary action against the concerned officer - this Court is not inclined to examine the same at this stage. All rights and contentions of the petitioner in this regard are left open.

5.

The petition along with pending applications stand disposed of. VIBHU BAKHRU, J SEPTEMBER 08, 2017 dr