The Andhra Pradesh High Court examined the legality of a Look-Out Circular (LOC) issued against the petitioner in a matrimonial-related criminal case.
The Court held that authorities cannot issue an LOC routinely. The Court emphasised that an LOC affects personal liberty and must satisfy the conditions laid down in the Ministry of Home Affairs guidelines. Since the petitioner had cooperated with the investigation and the case did not fall within exceptional categories, the Court directed withdrawal of the LOC.
Before reproducing the relevant extracts, the Court examined the constitutional protection of personal liberty and the statutory guidelines governing Look-Out Circulars.
Relevant Extracts from the Judgment:
“14. It is basic that merely because a person is involved in a criminal case, he is not denude of his Fundamental Rights, it is the fundamental of a person to move anywhere he likes including foreign countries. One’s such personal freedom and liberty cannot be abridged. [See; Article 21 Constitution of India].”
“14. But, in any case, it must be fair and reasonable. It should not be indiscriminate without any reason or basis.”
“17. Sub-para J of Office Memorandum dated 22.02.2021 mandates that a Look-Out Circular shall remain in force until and unless a deletion request is received by the Bureau of Immigration from the Originator and that no Look-Out Circular shall be deleted automatically.”
“18. Sub-para L of the circular dt. 22.02.2021 indicates that Look-Out Circulars could be issued in exceptional cases where the departure of the person concerned will be detrimental to the sovereignty, security and integrity of India…”
“20. Issuance of LOC, in the peculiar facts of this case, is unwarranted.”
“21. Given the facts and circumstances of the case, the 5th respondent shall withdraw the Look-Out Circular issued against the petitioner in connection with Crime No.319 of 2024… forthwith.”
Decision
The Andhra Pradesh High Court allowed the writ petition. The Court directed the authorities to withdraw the Look-Out Circular forthwith. The Court permitted the petitioner to approach the Magistrate for travel permission in the pending criminal case.
Citation :
Other Sources :
Index of Look Out Circular notices is here.
Key Contributor :
Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.
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