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A pending investigation, by itself, cannot justify keeping a person from travelling abroad through a Look-Out Circular (LOC), the Delhi High Court reportedly held. The court quashed LOCs against a father and son after finding no demonstrated evasion, non-compliance or attempt to abscond, according to secondary reports. The ruling is case-specific; it does not bar LOCs whenever an investigation is ongoing.
What the Delhi High Court reportedly decided
In an order dated 28 September 2026, Justice Amit Mahajan reportedly held that an LOC is a coercive restraint on travel and that its issuance and continued operation must be justified by circumstances warranting that restraint. A pending investigation alone cannot provide an enduring basis for restricting travel, particularly where the person has consistently appeared before investigators, Hindustan Times reported (Hindustan Times, 2 October 2026).
The reported holding does not mean an LOC can never be issued during an investigation. It means that the investigation’s mere pendency is not, on its own, enough to justify the restraint; the circumstances must support it.
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Who brought the case and why
The petitioners were a father and son: one was an Indian citizen, while the other lived in Singapore. The dispute arose from Enforcement Directorate (ED) action connected to a 2017 complaint by the Serious Fraud Investigation Office (SFIO). Hindustan Times reported that the father was stopped when trying to travel to Singapore after learning that an LOC requested by the ED had been issued; the son feared that an LOC had also been issued against him.
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Verdictum’s account says the SFIO complaint was before a Dwarka trial court, the ED began an investigation under the Prevention of Money Laundering Act, and the petitioners responded to summons and provided information. The court reportedly took their cooperation into account, alongside the absence of evidence that they posed a flight risk (Verdictum).
Why cooperation and flight risk mattered
Verdictum reports that the court found no material showing that either petitioner had evaded the investigation, disobeyed a summons or direction, or attempted to abscond. Their reported cooperation was relevant to whether continued travel restrictions were warranted.
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That reasoning makes the decision fact-sensitive. In considering another LOC dispute, relevant circumstances may include the person’s record of responding to summons, evidence of attempted evasion or flight, the investigation’s status and duration, any travel restrictions imposed by a trial court, and the conditions attached to any relief. This is a practical way to understand the issues raised by the case, not a formal checklist announced by the court.
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The reported result is that the LOCs against the father and son were quashed. A practitioner commentary describes safeguards involving advance travel details, a valid email address and cooperation when required (SCC Online Blog). Because the primary order was not available in the cited reporting, those specific conditions should not be treated as definitive operative terms without checking the official order.
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For anyone affected by an LOC, the practical point is narrow: the reported decision supports challenging a travel restraint that rests only on an investigation remaining pending, especially where the person has complied with investigators’ directions. It does not establish that every person under investigation can travel freely, or that authorities must lift every LOC. The justification for restraint and the person’s conduct remain central to the reported reasoning.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What remains unconfirmed
The reports identify the order date and judge, but the exact case name, case number, complete operative wording and subsequent procedural status are not established here. The sources also do not establish whether there has been a later appeal, stay or other development. The precise scope of any travel conditions should therefore be checked against the official Delhi High Court order before relying on them.
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