A copy of the lookout circular (LOC), issued for preventing persons facing criminal cases and for other reasons as per the law, will have to be furnished to them at the time of its execution by the Bureau of Immigration (BoI) while stopping them from leaving the country, said the High Court of Karnataka.
However, the court made it clear that there was no need to provide a copy of the LOC to the person, against whom it is targeted, at any point of time prior to its execution at the immigration point.
Also, the court said it is the duty of the investigating agencies and other authorities, who are empowered to issue the LOCs, to supply copy of the LOCs to the BoI.
Justice M. Nagaprasanna passed the order on a petition filed by a 44-year-old Chief Data Scientist working in a multinational company in Bengaluru.
Stopped at airport
The petitioner had questioned the LOC issued against him as he was stopped at the Bengaluru airport in May when he was leaving for Paris for his official work. The petitioner is facing a criminal case of alleged sexual assault on his minor son and a domestic violence complaint, both lodged based on his wife’s complaint.
On going through procedure and guidelines issued by the Union government for issuance and execution of the LOC, the court said that as the LOC curtails the right to travel abroad, persons affected by the LOC “would at least become entitled to a copy of the LOC, not at any time prior to his being stopped from travelling abroad, but only at the time when they are stopped from travelling out of the shores of this nation.”
Such a measure would ensure that persons affected by the LOCs become aware as to why their liberty to travel, which is a facet of the fundamental right, is being taken away, the court said while pointing out that this becomes the only requirement of principles of natural justice in the cases that emanate from the LOC.
An accused, who is enlarged on bail, should be made known as to why his travel is being interrupted in cases where the bail orders does not contain any restriction on their travel, the court said.
The court declined to recall the LOC against the petitioner since the impugned crime is neither eclipsed nor extinguished by any competent judicial fora.
However, the court directed the city police to consider the representation given by the petitioner seeking recall of the LOC in connection with the crime and pass appropriate orders as per the law within six weeks.
