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M. NAGAPRASANNA
Harshavardhana Rao K. – Appellant
Versus
Union of India Ministry Of External Affairs No. 201, I Floor, Patiala House Annexe New Delhi – Respondent
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 :-
The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The central legal point established in the judgment is that the issuance and renewal of Look Out Circulars (LOC) must align with the legal provisions and principles outlined in the relevant Office Me....
The issuance and continuation of a Look-Out Circular must be justified by compelling reasons, specifically regarding flight risk or evading justice; lack of fresh evidence can render it arbitrary.
The main legal point established in the judgment is that the issuance of a Look Out Circular should be based on exceptional circumstances and cogent reasons, and should not be resorted to in a routin....
The central legal point established in the judgment is the high threshold required to deny a person the right to travel abroad, the need for a fair and just procedure in issuing and extending Look Ou....
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