Point of Law: The right contained in article 19 (1) (a), if an order made under section 10 (3) (c) of the Act does in fact violate, the right of free speech and expression, such an order could be struck down as unconstitutional.

ORDER :

The petitioner is before this Court in the subject petition seeking a direction by issuance of a writ in the nature of mandamus directing the 4th respondent/Deputy Commissioner of Police to recall the Lookout Circular (hereinafter referred to as ‘the LOC’ for short) issued in connection with Crime No.145 of 2021 and consequently permit him to travel beyond the shores of this nation on consideration of the representation so given for its recall.

2. Heard Sri S.Mahesh, learned counsel appearing for the petitioner, Sri H.Shanthi Bhusan, Additional Solicitor General appearing for respondents 1 and 2 and Sri K.S.Abhijith, learned High Court Government Pleader appearing for respondents 3 and 4.

3. Brief facts that lead to this Court in the subject petition, as borne out from the pleadings, are as follows :-

Petitioner and his wife Smt. Navya Bhat got married on 8.04.2009. After about 10 years of marriage a petition is filed by Smt. Navya Bhat under the provisions of the Protection of Women from Domestic Violence Act, 2005 in Criminal Miscellaneous No.89 of 2019 pending before the V Additional Metropolitan Magistrate Traffic Court. Smt. Navya Bhat later seeks custody of the child by initiating proceedings under the Guardians and Wards Act, 1890 in G & WC No. 309 of 2019. The petitioner claims to be in dispute with Smt. Navya Bhat and is a respondent in the aforesaid two cases.

4. Things standing thus, Smt. Navya Bhat, the wife registers a complaint before the jurisdictional Police alleging that the petitioner has sexually abused his son which becomes a crime in Crime No.145 of 2021 for offences punishable under Sections 376AB of the IPC and Section 3(a), 3(b), 5(m), 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short). Pursuant to said registration of crime, the petitioner was taken into custody and after about 2 months was enlarged on bail by an order of the competent Court in Criminal Miscellaneous No.8707 of 2021. On 15-11-2021 a charge sheet is filed against the petitioner for the aforesaid offences, dropping offence under Section 376 and including offence under Section 377 of the IPC and Sections 4, 5(n), 5(p) and 6 of the POCSO Act. The petitioner in furtherance of his avocation wanted to travel abroad viz., Paris in discharge of his official duty and on the date of travel i.e., 29-05-2022 was stopped by the Immigration Authorities at the International Airport, Bangalore informing him that the 4th respondent had issued a LOC in his name concerning Crime No.145 of 2021 which is now pending as Special C.C.No.1874 of 2021 before the Additional City Civil & Sessions Judge, Fast Track Sessions Court, Bangalore. The petitioner, later, appears to have tendered several representations seeking recall of the LOC in the light of proceedings against him being stayed by this Court. Notwithstanding the same, the LOC hangs on his head and is, therefore, before this Court in the subject petition, seeking a direction for issuance of writ in the nature of mandamus for recall of the LOC.

5. The learned counsel appearing for the petitioner would contend that cases registered against the petitioner are -one under the Domestic Violence Act, the other under the Guardians and Wards Act and the third one is the subject crime in Special C.C.No.1874 of 2021, all registered by his wife. No doubt, the crimes are registered against the petitioner for the afore-quoted offences but they are all falsely instituted and the proceedings are pending. Right to travel is a fundamental right. The petitioner having obtained his doctoral degree in Statistics from North Carolina State University, USA is working as Chief Data Scientist in Society General Global Solution Center at Bangalore and for his official work he had to travel to Paris. It is at that point in time, the petitioner was prohibited from travelling beyond the shores of India on the ground that a LOC without serving a copy of the LOC or issuing a notice prior to