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Airport Detention Nightmare Ends: AP High Court Frees NRI from 'Mechanical' LOC in Dowry Case
In a significant ruling safeguarding and the right to travel abroad, the quashed a (LOC) issued against an electrical technician working in Dubai. Justice K Sreenivasa Reddy, in Writ Petition No.2269 of 2026, criticized police for routinely slapping LOCs in cases under (equivalent to old ) and the , without verifying if the accused is evading justice.
The petitioner, facing allegations from his wife in a matrimonial dispute, was detained at Visakhapatnam Airport upon returning from the UAE for a court hearing. Despite cooperating fully with investigations, the LOC threatened his job.
From Dubai Dreams to Airport Ordeal
The petitioner married on , and the couple had a child. Tensions escalated: his wife filed a domestic violence case (DVC No.21 of 2024) and a maintenance petition (FCOP No.1553 of 2025). On , she lodged Crime No.77 of 2025 at , alleging cruelty and dowry demands—offences under and .
Responding promptly to summons, the petitioner appeared before police on , secured bail, and returned to Dubai by April 28. A charge sheet led to CC No.2753 of 2025. He also sought divorce via FCOP No.699 of 2024.
On , he flew in for a January 17 hearing in the maintenance case. Airport authorities detained him citing the LOC, releasing him only after sureties. With a flight booked for February 8 to resume duty on February 9, the LOC risked permanent job loss.
Petitioner's Plea: Liberty Over Lockdown
argued the LOC was arbitrary, issued without notice despite the petitioner's full cooperation—no or evasion. Citing Rana Ayyub v. Union of India ( , 2022), where an LOC was quashed for a cooperating accused as it violated and movement rights, and Mannoj Kumar Jain v. Union of India ( , 2023), which flagged LOCs' indefinite shelf-life and misuse by agencies, they stressed the petitioner's employment peril under .
State's Stand: Flight Risk Looms
The Assistant Government Pleader for Home countered that lifting the LOC could let the petitioner dodge judicial processes, urging dismissal to ensure cooperation.
Court's Razor-Sharp Scrutiny: No Blanket Bans in Matrimonial Rows
Justice Reddy dissected the ' guidelines (OM No.25016/10/2017-Imm dated ), which limit LOCs to threats against India's sovereignty, security, economic interests, terrorism, or public good—not routine cases.
Noting no NBW, full cooperation, and the non-grave nature of the offence, the court held:
"Of late, in each and every case that has been registered under
, it has become common for the respondent/police... to open the LOCs in mechanical manner."
Such actions irrationally clip wings in employment-dependent lives, especially NRIs, often ending in compromises.
As echoed in media reports, the judge emphasized LOCs suit
"grave offences or... financial irregularities or... against the Society,"
not standard 498A matters.
Precedents reinforced: Rana Ayyub invalidated hasty LOCs sans evasion; Mannoj Kumar Jain decried banks' unchecked power, mandating review.
Key Observations
"Look Out Circular causes an immediate and irrevocable violation of a person’s."
"It is essential that the police have to open LOCs against the persons who are the accused for grave offences... If the accusation against the accused persons is such that it is detrimental to the Nation, then LOC can be issued."
"On mere registration of a case for the offence under, opening of the LOC against the accused, will affect his career."
"By virtue of opening LOC theof the person would be affected... on the touchstone ofof the Constitution of India."
Green Light to Fly: LOC Quashed, Liberty Restored
"The Writ Petition is allowed and the Look Out Circular (LOC) issued against the petitioner is hereby quashed,"
ruled Justice Reddy on
. No costs ordered.
This sets a precedent: LOCs demand justification, not knee-jerk reactions in matrimonial cases. Cooperating accused, especially breadwinners abroad, gain breathing room. Police must now scrutinize before alerting immigration, potentially curbing misuse in similar disputes nationwide.
