Karnataka High Court Restricts Trial Courts from Interfering with Look Out Circulars

In a landmark judgment, the Karnataka High Court emphasizes the jurisdictional boundaries concerning executive orders under constitutional writ jurisdiction.

In a significant ruling, the Karnataka High Court has declared that trial courts lack the jurisdiction to entertain, modify, or recall Look Out Circulars (LOCs), which are deemed executive orders. The judgment was delivered by Justice M. Nagaprasanna in the writ petitions filed by Amit Ashok Vyas and his wife, Smt. Savitha Pareek, challenging the issuance of a LOC against Mr. Vyas.

The case arose from allegations of dowry harassment and domestic violence against Mr. Vyas, a UK citizen, by his wife. Following his failure to appear for investigation, a LOC was issued to ensure his presence for trial. However, Mr. Vyas, upon arriving in India due to a family emergency, was detained by immigration authorities and subsequently approached the Magistrate Court seeking recall of the LOC. The Magistrate allowed the recall, permitting him to return to Scotland, an action now deemed beyond the court's jurisdiction by the High Court.

Justice Nagaprasanna highlighted that LOCs, which restrict the fundamental right to travel under Article 21 of the Constitution of India, can only be scrutinized or rescinded by constitutional courts under writ jurisdiction. This ensures compliance with procedural law and protection of fundamental rights, subjecting any indulgence by trial courts in this regard to serious disapproval.

The judgment also addressed the issue of hearing impaired advocates, recognizing the efforts of Miss Sarah Sunny, who represented the wife through a sign language interpreter. This acknowledgment marks a progressive step towards inclusivity and empowerment of minority groups in judicial processes.

Furthermore, the court provided clarity on the procedural framework for LOCs, emphasizing that these are powerful tools for ensuring the presence of accused individuals for trial or inquiry. The court underscored the importance of issuing detailed guidelines for handling LOCs upon arrival of a subject in India, reiterating its previous stance in related judgments.

This ruling is expected to streamline the handling of LOCs and reinforce the jurisdictional boundaries within the judicial system, ensuring that executive orders are not undermined by lower courts. The decision also serves as a reminder of the judiciary's role in safeguarding individual rights while maintaining procedural integrity.

Bottom Line:

The trial courts lack jurisdiction to entertain, modify, or recall Look Out Circulars (LOCs), which are executive orders under constitutional writ jurisdiction.

Statutory provision(s): Criminal Procedure Code, 1973 - Section 41A; Article 21 of the Constitution of India; Dowry Prohibition Act, 1961; IPC Sections 498A, 504, 506; Prevention of Women from Domestic Violence Act, 2005; Bharatiya Nagarik Suraksha Sanhita, 2023.

Sri. Amit Ashok Vyas v. Union of India, (Karnataka) : Law Finder Doc Id # 2806100