Court Cites Unjustified Curtailment of Fundamental Right to Personal Liberty
In a significant judgment, the Delhi High Court has quashed the Look Out Circular (LOC) issued against Dr. Prannoy Roy and his wife, citing an unjustified restriction on their fundamental right to personal liberty under Article 21 of the Constitution. The LOC, which had been in force for over five years, was challenged by the petitioners as an undue restriction on their right to travel abroad.
The case, presided over by Justice Sachin Datta, revolved around the issuance of LOCs against the petitioners by the Central Bureau of Investigation (CBI) concerning allegations of economic offences involving M/s NDTV Ltd. The court observed that despite the serious allegations, the petitioners had not been summoned for investigation post-2019, and no chargesheet had been filed even after a considerable period of investigation.
The court further noted the absence of any material indicating that the petitioners posed a flight risk or were obstructing the investigation process. It underscored the petitioners' cooperation during the enquiry stages and their compliance with permitted foreign travels, reinforcing the view that the LOC's continuation was disproportionate and arbitrary.
In its judgment, the court emphasized the importance of balancing the state's interests with individual rights, reiterating that the right to travel abroad is an intrinsic part of the right to personal liberty. The court highlighted that the LOC could not be sustained merely on the basis of unsubstantiated claims of national economic interest without concrete evidence of non-cooperation or flight risk.
The court also referred to the Ministry of Home Affairs' guidelines on LOCs, emphasizing that such circulars should not be indefinite and must be periodically reviewed. The court concluded that the prolonged and indefinite continuation of the LOC amounted to an arbitrary restriction on the petitioners' fundamental rights.
The court directed the quashing of the LOC, subject to the petitioners providing an undertaking to cooperate with ongoing investigations. The judgment marks a significant assertion of individual rights in the face of prolonged and arbitrary administrative measures.
Bottom Line:
Issuance and continuation of Look Out Circular (LOC) - Prolonged and indefinite continuation of LOC amounts to unjustified curtailment of fundamental right to personal liberty under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, Criminal Procedure Code, 1973, Indian Penal Code, 1860 (Sections 120B, 420), Prevention of Corruption Act, 1988 (Sections 13(1)(d), 13(2)), Ministry of Home Affairs Office Memorandum dated 22.02.2021.
Dr. Prannoy Roy v. Union of India, (Delhi) : Law Finder Doc id # 2869711
