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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
NELSON SAILO
Bhanu Tatak, D/o Shri Tapang Tatak – Appellant
Versus
Delhi Police Through the Commissioner of Police – Respondent
JUDGEMENT AND ORDER :
NELSON SAILO, J.
Heard Mr. Collin Gonselves, learned Senior Counsel assisted by Ms. S.Tayeng, learned counsel for the petitioner through RVC. Also heard Mr. M. Kato, learned DSGI for the respondent Nos. 2 and 3 and Mr. L. Kardu, learned Special P.P. for the respondent No.4.
[2.] The case of the petitioner is that she is a Law student and serving as a Legal Advisor of the Siang Indigenous Farmers’ Forum. She received an invitation for three months academic promotion at Dublin City University scheduled to start on 08.09.2025 up to 28.11.2025. However, on 07.09.2025 at about 03:00 am while she was on her way to board her flight at Indira Gandhi International Airport, New Delhi she was stopped by Immigration Authorities on the ground that there was a Look Out Circular (LOC) issued against her. Despite requests made by her, she was not allowed to board her flight. According to the petitioner, she has never been furnished with a copy of the LOC but however, came to know subsequently that the LOC has been circulated in view of the two First Information Reports (FIRs) registered against her amongst other persons on 28.05.2025 and 11.06.2025. The first FIR being Boleng PS
The issuance of a Look Out Circular requires substantial justification; lack of cooperation or involvement justifies review and potential withdrawal.
The main legal point established is the requirement for procedural safeguards in the issuance of Look Out Circulars, ensuring compliance with principles of natural justice and a fair, just, and reaso....
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 Look Out Circular against a person not accused in a closed case is improper and violates the fundamental right to travel.
The central legal point established in the judgment is that the right to travel abroad, as guaranteed by Article 21 of the Constitution of India, cannot be curtailed unless a very high threshold is m....
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