A Delhi court has upheld a lookout circular (LOC) against Geetamber Anand and his wife Poonam, promoters of ATS Infrastructure Limited, following multiple FIRs alleging fraud against homebuyers and money laundering. The judge noted that while the couple had cooperated with the investigation, the LOC serves to prevent any obstruction of justice. He also emphasised the necessity of informing accused individuals of reasons behind travel restrictions.
A Delhi court has declined to revoke a lookout circular (LOC) against Geetamber Anand, the promoter of real estate company ATS Infrastructure Limited, and his wife Poonam Anand, amid multiple FIRs filed against the builder. These FIRs include those lodged by the Economic Offence Wing (EOW) of Delhi Police, which allege that the couple defrauded homebuyers, as well as a money laundering case initiated by the Enforcement Directorate.
Judicial Magistrate Yashdeep Chahal, in a ruling issued recently, noted that the Anands had cooperated with the investigation when required. However, he remarked that the LOC serves as a safeguard to prevent any obstruction of the judicial process. The judge explained that, even if the applicants were ordered to seek prior permission from the court before travelling abroad, they could still leave without such permission, making enforcement of the condition impossible.
He stated that while personal liberty is important, reasonable restrictions can be imposed on the right to life and personal liberty in accordance with the law. Given this context, the judge found insufficient grounds to recall or cancel the LOC. Nevertheless, he indicated that it is improper for authorities to halt an accused individual's travel without providing a clear explanation for the obstruction.
The judge emphasised that it is a fundamental right for the accused to be informed of the reasons behind any travel restrictions. Advocate Sanjay Abbot represented the homebuyer complainants in this matter.
The court's decision highlights the balance between maintaining judicial integrity and protecting personal liberties. While ensuring accountability in the real estate sector, it also reinforces the fundamental right of individuals to understand the rationale behind restrictions on their freedom of movement.
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