ORDER

% 31.01.2025

1. The present writ petition under Article 226 of the Constitution of India, 1950, read with Section 482 of the Code of Criminal Procedure, 1973, (“CrPC”) seeks quashing/removal of any Look Out Circular, (“LOC”), order, instruction or direction issued by the Respondents, which prevents the Petitioners from travelling outside India.

2. At the outset, Mr. Amol Sinha, ASC (Crl.) appearing for Respondent No. 2 - Special Cell, Delhi Police, on instructions clarifies that there is no LOC issued against Petitioner No. 3 - Mr. Shubham Kar Chaudhuri. This statement is taken on record.

3. With respect to Petitioners No. 1 and 2, the impugned LOC originates from FIR No. 49/2021, registered at P.S. Special Cell, Delhi Police, under Sections 124A, 153A, 153, and 120B of the Indian Penal Code, 1860, (“IPC”). The said FIR pertains to the farmers’ agitation on 26th January 2021.

4. Ms. Vrinda Grover, counsel for the Petitioners argues that none of the Petitioners are specifically named in the aforementioned FIR and Petitioner No. 1 has never even been summoned for investigation. As regards Petitioner No. 2, he was granted Anticipatory Bail by the Bombay High Court. Subsequently when he was summoned for investigation, he has duly appeared before the Investigating Officer. The Petitioners have fully cooperated with the ongoing investigation.

5. Ms. Grover also points out that one of the provisions invoked in the FIR — Section 124A of IPC regarding the offence of Sedition, is presently under challenge before the Supreme Court in in S.G Vombatkere v. UOI, ((2022) 7 SCC 433), wherein the Supreme Court has passed the following order:

“7. Therefore, we expect that, till the re-examination of the provision is complete, it will be appropriate not to continue the usage of the aforesaid provision of law by the Governments.

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8. In view of the clear stand taken by the Union of India, we deem it appropriate to pass the following order in the interest of justice:

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8.2 We hope and expect that the State and Central Governments will

restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124-A IPC while the aforesaid provision of law is under consideration.

8.3. If any fresh case is registered under Section 124-A IPC, the affected parties are at liberty to approach the courts concerned for appropriate relief. The courts are requested to examine the reliefs sought, taking into account the present order passed as well as the clear stand taken by the Union of India.

8.4. All pending trials, appeals and proceedings with respect to the charge framed under Section 124-AIPC be kept in abeyance. Adjudication with respect to other sections, if any, could proceed if the courts are of the opinion that no prejudice would be caused to the accused.

8.5. In addition to the above, the Union of India shall be at liberty to issue the directive as proposed and placed before us, to the State Governments/Union Territories to prevent any misuse of Section 124-A IPC.

8.6. The above directions may continue till further orders are passed.”

[Emphasis added]

6. Ms. Grover further contends that, despite the FIR being registered way back on 4th February 2021, no chargesheet has been filed to date, indicating a lack of substantial progress in the investigation. She points out that the last notice issued to Petitioners No. 2 and 3 was on 15th March 2021, and since then, they have not been called for questioning or required to participate in any further investigation. She argues that, under these circumstances, the continued operation of the LOC is arbitrary and lacks justification, particularly when the authorities themselves have not found it necessary to seek the presence of the Petitioners for over three years. She submits that such a restriction amounts to an unwarranted curtailment of their fundamental right to travel, which is an intrinsic aspect of personal liberty guaranteed under Article 21 of the Co