Disposed

Girish Sagar v. Union of India & Ors.

Delhi HC16 Sept 2026W.P.(CRL)/1276/2025

Case brief

AI extract

What is this about?

The petitioner sought exemplary compensation and action against officials for a wrongful Look Out Circular that restrained him for about seven years before being quashed by the Supreme Court. The High Court held that such claims involve complex questions of fact requiring evidence, making them unsuitable for resolution under Article 226, and relegated the petitioner to a civil suit or other legal remedy.

What did the court decide?

Liberty granted to petitioner to file a civil suit or take any other remedy available in law.

Girish Sagar Vs Union of India & Ors. — Constitutional and Fundamental Rights | Delhi HC (2026)

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$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC011149032024

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W.P.(CRL) 1276/2025 and CRL.M.A. 12061/2025 GIRISH SAGAR .....Petitioner Through: Mr. Rinku Yadav and Mr. Mohit Kumar, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Amit Tiwari, CGSC with Ms. Ayushi Srivastava, Mr. Arpan Narwal and Mr. Kushagra Malik, Advocates for UOI. Mr. Ripudaman Bhardwaj, SPP with Mr. Amit Kumar Rana and Mr. Anmol Ghai, Advocates for CBI. Mr. Annirudh Sharma, Mr. Ankit Swami, Mr. Divyajot Singh and Ms. Divya S. Rao, Advocates for ED.

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CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 16.09.2026

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1. The petition is for the following reliefs:

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“(i) Issue appropriate writ, order or direction directing the Respondents to pay to the Petitioner, jointly and severally, adequate exemplary monetary compensation to be fixed by this Hon'ble Court within a reasonable period to be fixed by the Court without prejudice to the claim for damages by the Petitioner in a Civil suit before the appropriate forum;

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(ii) Issue appropriate writ, order or direction to Respondent 1 to take necessary action against those responsible after fixing liability/

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2026 at 11:52:15

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responsibility/ accountability of the other Respondents and individual officials of the Respondents jointly and severally in violating the law and the due process of law thereby causing wrongful and illegal restraint of the Petitioner, through the instrument of an illegal Look Out Circular, by preventing him from leaving India for his home country for seven years ;”

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Learned counsel for the petitioner submits that the petitioner was wrongfully restrained from leaving India for his home country for a period of about seven years on account of the Look Out Circular issued against him. It is submitted that the said Look Out Circular was subsequently quashed by the Supreme Court, vide which the petitioner was only arrayed as a witness and not as an accused.

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It is further submitted that the illegal issuance and continuation of the Look Out Circular caused the petitioner mental agony, loss of livelihood and earnings, social stigma and separation from his family. It is accordingly contended that the respondents are liable to compensate the petitioner for the wrongful restraint suffered by him and that appropriate action be taken against the officials responsible for the issuance and continuation of the said Look Out Circular.

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I have considered the submissions made by learned counsel for the parties and have perused the record.

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The petitioner has to establish the mala fide intent of the respondents and wrongful injury, resulting in the damages claimed, and the same will have to be established on the basis of the oral and documentary evidence.

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In Punjab National Bank v. Atmanand Singh ,¹ the Supreme Court has observed:

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1 (2020) 6 SCC 256,

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2026 at 11:52:15

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“We reiterate the above position that when the petition raises questions of fact of complex nature, such as in the present case, which may for their determination require oral and documentary evidence to be produced and proved by the party concerned and also because the relief sought is merely for refund of the money, the High Court should be loath in entertaining such a writ petition and instead must relegate the parties to a civil suit.”

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Therefore, the aforesaid aspect could not be taken into in the instant petition filed under Article 226 of the Constitution of India.

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Accordingly, the petition, along with pending application, stands disposed of.

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Liberty, however, is granted to the petitioner to file a civil suit or to take any other remedy available in law.

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PURUSHAINDRA KUMAR KAURAV, J

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SEPTEMBER 16, 2026 aks/mh

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2026 at 11:52:15

Girish Sagar v. Union of India & Ors.

Case brief

What is this about?

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Girish Sagar v. Union of India & Ors.

Case brief

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