Google Employee Awarded ₹5 Lakh for Illegal Detention Due to Erroneous Look Out Circular

Category: Constitutional Law
Sub-Category: Fundamental Rights
Subject: Right to Travel, Look Out Circulars, Police Misconduct

Background

Avijit Sharma , a Google employee based in Hyderabad, faced trial in Jabalpur, Madhya Pradesh, on charges related to domestic violence and dowry harassment. Despite receiving bail and court permission to travel to the USA for work, he was detained at Hyderabad International Airport due to a Look Out Circular (LOC) issued by the Jabalpur police. Sharma filed a writ petition before the High Court of Madhya Pradesh, arguing that the LOC's issuance and continued existence, despite his court appearances and granted permission to travel, violated his fundamental rights.

Arguments

Sharma 's counsel argued that the LOC was issued without proper justification, especially after the charge sheet was filed, bail granted, and court permission obtained for international travel. The continued existence of the LOC, despite the court orders, constituted a blatant violation of his fundamental rights under Article 21 of the Indian Constitution (right to life and personal liberty), which includes the right to travel abroad. The counsel further highlighted the negligence and lack of communication between the police and immigration authorities.

The State's counsel initially claimed the LOC had been withdrawn. However, the Superintendent of Police's subsequent actions and inconsistent statements before the court revealed a lack of transparency and a failure to take timely action against the erring officers. The State's defense ultimately conceded that the LOC was the reason for Sharma 's detention but attempted to shift blame onto the trial court's order.

Court's Analysis and Reasoning

The court meticulously examined the relevant case law, emphasizing the Supreme Court's recognition of the right to travel abroad as a fundamental right under Article 21, subject to reasonable restrictions. The court found that the LOC was not justified after Sharma 's bail and court permission to travel. The court strongly criticized the police's conduct, noting their failure to review the LOC periodically, their lack of communication with immigration authorities, and their attempts to mislead the court. The court highlighted the police's disregard for court orders and the violation of Sharma 's fundamental rights.

Decision and Implications

The High Court of Madhya Pradesh allowed Sharma 's petition. It ordered the State Government to pay him ₹5,00,000 (five lakh rupees) in compensation within one month, to be recovered from the salaries of the erring officers. The court also directed the Director General of Police to initiate departmental inquiries against several officers involved, including the investigating officer and the Superintendent of Police, Jabalpur, for their negligence, misconduct, and attempts to deceive the court. The judgment underscores the importance of upholding fundamental rights and the accountability of law enforcement agencies in respecting court orders. It serves as a strong warning against the misuse of LOCs and the need for transparency and efficiency in their issuance and withdrawal.