Bombay High Court
MANJARI ASHOK KACKERversusTHE UNION OF INDIA AND ORS
- Decided
- Disposal
- Allowed
Holding
The court stayed the specific LOC and permitted the applicant to travel to Bhutan subject to stipulated conditions.
Summary
The applicant, a 74‑year‑old former senior IRS officer and ex‑director of several public companies, sought permission to travel to Bhutan from 27 September to 4 October 2026 despite a Look Out Circular (LOC) issued by the CBI in connection with CBI case No. RC 2(E)/2026. The CBI, through its counsel, expressed no objection to the travel provided suitable conditions were imposed. The court considered the applicant’s age, clean travel record, and lack of flight risk, and noted the CBI’s consent. Accordingly, the court stayed the specific LOC and granted the travel permission on condition that the applicant furnish itinerary details and report her return to the investigating officer. The order was limited to this LOC and the interim application was disposed of.
Issues considered
- Whether a Look Out Circular issued by the CBI can be stayed pending an interim application for travel abroad.
- Whether the applicant, despite the LOC, is entitled to permission to travel abroad subject to conditions.
- Whether the CBI’s lack of objection influences the court’s discretion to grant interim relief.
Subjects
- Look Out Circular
- interim relief
- travel permission
- CBI
- senior citizen
- criminal appellate jurisdiction
- stay of order
Judgment
Gokhale 1 of 4 28-ia-2923-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2923 OF 2026
IN
CRIMINAL WRIT PETITION NO. 4173 OF 2026
Manjari Ashok Kacker ..Applicant
Versus
Union of India & Anr. ..Respondents
__________
Mr. Tushad Kakalia a/w. Kartik Hede, D. J. Kakalia, Bhakti
Chandan, Paresh Patkar and Mr. Ayaan Zariwalla i/b. Mulla &
Mulla and Craigie Blunt & Caroe for Applicant.
Mr. Amit Munde, SPP a/w. Jai Vohra for CBI/Respondent No.2.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 3 SEPTEMBER 2026
PC :
1. This is an interim application for permission to the
Applicant to travel to Bhutan between 27.09.2026 to 04.10.2026
in accordance with the itinerary annexed at Exhibit-A to this
application.
2. Learned counsel for the Applicant submitted that, there
is a Look Out Circular (LOC) pending against her, initiated at the
Digitally
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2026.09.07
11:25:25
+0530
2 of 4 28-ia-2923-26
instance of CBI-Respondent No.2 who was the contesting party.
3. Mr. Munde, learned Special PP appearing for the
Respondent No.2-CBI, on instructions, states that the CBI has no
objection if the permission is granted to the Applicant to travel to
Bhutan during that period, provided suitable conditions are
imposed. The statement made by the learned counsel for the CBI is
recorded. In that view, we are inclined to allow this application.
4. The case of the Applicant is that, she was a Non
Executive Director on the Board of RCOM on 16.09.2014 and
subsequently she became an Independent Director on 18.09.2018.
She resigned from the Board on 15.11.2019. She is a 74 year old
senior citizen. She was an Officer of the Indian Revenue Service,
and has served on various prestigious posts in the Income Tax
Department for more than 30 years, and retired as a former
member of the Central Board of Direct Taxes, New Delhi. She also
served as a Functional Director (Vigilance and Security) in Air
India and has represented India in international conferences. She
has more than 37 years of experience in the fields of taxation,
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finance, administration and vigilance. Post retirement, the
Applicant was nominated as a Director of the LIC from April 2013
to March 2016 by the Government of India.
5. Learned counsel for the Applicant invited our attention
to the past history when she had travelled abroad between the
year 2019 to 2025. She had travelled on 12 such occasions. He,
therefore, submitted that, she is not at a flight risk and she will be
available in India.
6. Considering this situation and particularly taking into
account no objection given by the CBI to allow this application, we
are inclined to allow this application and permit the Applicant to
travel to Bhutan.
7. Hence, the following order:
ORDER
i) The Applicant is permitted to travel to Bhutan
between 27.09.2026 to 04.10.2026.
ii) She shall furnish the detailed itinerary including
the places where she would be staying; along
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with the contact numbers on which she can be
contacted during that period, to the Investigating
Officer, at least 48 hours before departure.
iii) The Applicant shall accordingly inform the
Investigating Officer once she returns back to
India, within 48 hours of her return.
iv) On these conditions, the Applicant is permitted to
travel abroad, as mentioned earlier. During that
period, the LOC issued at the instance of CBI in
connection with CBI case No. RC 2(E)/2026 shall
remain stayed.
v) It is made clear that this order is passed only in
respect of this particular LOC.
vi) The Application is disposed of.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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