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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Avinash Reddy Paladugu – Appellant
Versus
Bureau of Immigration (BOI) – Respondent
ORDER :
1. Heard Mr. Katika Ravinder Reddy, learned counsel appearing on behalf of the Petitioners, Mr Gadi Praveen, learned Deputy Solicitor General of India appearing on behalf of Respondent No.1, learned Government Pleader for Home appearing on behalf of respondent No.2 and Mr T. Sudhakar Reddy, learned counsel appearing on behalf of respondent No.3.
2. Petitioner approached the Court seeking prayer as under :
This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the Respondents in issuing Look Out Circular against the petitioner based on Crime No. 211 of 2023, dated 07.04.2023, on the file of Women Police Station, DD, Hyderabad, as illegal and contrary to law and an abuse of authority and process of law, and consequently, direct the Respondents to withdraw the Look Out Circular issued against the petitioner based on Crime No. 211 of 2023, dated 07.04.2023, on the file of Women Police Station, DD, Hyderabad.
3. PERUSED THE RECORD :
A. Office Memorandum dated 22.02.2021 dealing with consolidated guidelines for issuance of Look Out Circular in respect of Indian Citizens and Foreigners and the relevant paras of the said A, B, C, D, H, I , J, and L, of the said
The issuance of Look Out Circulars must adhere to strict procedural guidelines and cannot infringe on personal liberty without compelling reasons.
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 issuance of a Look-Out Circular must be justified; arbitrary LOCs infringe personal liberty under Article 21.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient 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 judgment establishes the exceptional circumstances under which Look Out Circulars (LOC) can be issued, emphasizing the need for credible material and reasons to support the issuance of an LOC.
Look Out Circulars must be issued with careful consideration of individual rights versus public interest, particularly in ongoing criminal investigations.
An LOC, which is a coercive measure to make a person surrender and consequentially interferes with his right of personal liberty and free movement, certainly has adverse civil consequences.
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