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ANOOP KUMAR MENDIRATTA
Mohd Kashif – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. - Writ petition has been preferred on behalf of the petitioner under Article 226 of The Constitution of India read with Section 482 Cr.P.C. for issuance of appropriate writ, order or direction for quashing the Look Out Circular issued against petitioner and permitting the petitioner to go abroad by setting aside the order dated 17.08.2022 passed by learned CMM, New Delhi.
2. Learned counsel for the petitioner submits that the petitioner became aware of the LOC issued against him after he had moved an application for permission to go abroad before learned CMM, which was rejected on 17.08.2022. It is urged that the LOC appears to have been wrongly opened since the investigation in the case of the petitioner is already over and he is no more required for the purpose of any investigation. It is also pointed out that the petitioner is required to return to Dubai, failing which he will lose his job and his NRI VISA is liable to be cancelled. A period of six months after his arrival in India on 29.04.2022 is stated to be expiring on 29.10.2022. The opening of the LOC is also challenged relying upon the observations in Writ Petition (Crl.) 1315/2008 'Sumer
The court emphasized the limited circumstances under which an LOC should be issued, considering its coercive nature and the impact on personal liberty and free movement.
An LOC can only be issued when an individual is deliberately evading arrest or legal proceedings; mere completion of investigation and absence of an FIR negate its validity.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
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 issuance of a LOC must be based on exceptional circumstances and supported by substantial evidence. Mere suspicion is not sufficient to curtail an individual's right to travel abroad.
The issuance of a Look-Out Circular must be justified; arbitrary LOCs infringe personal liberty under Article 21.
The issuance of Look Out Circular against a person not accused in a closed case is improper and violates the fundamental right to travel.
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