Case Note & Summary
The judgment pertains to three writ petitions filed by Showik Indrajit Chakraborty, Lt. Colonel Indrajit Chakraborty (Veteran) and Sandhya Indrajit Chakraborty, and Rhea Chakraborty, seeking quashing of Look Out Circulars (LOCs) issued against them by the Central Bureau of Investigation (CBI) in connection with the investigation into the death of Sushant Singh Rajput. The petitioners are family members of Rhea Chakraborty, who was also an accused in the case. The CBI had issued LOCs against them on the ground that they were required for investigation and might flee the country. The petitioners contended that the LOCs were issued without application of mind, without complying with the guidelines laid down in the Office Memorandums (OMs) dated 27.10.2010, 05.12.2017, and 22.02.2021, and that they had cooperated with the investigation and had been granted anticipatory bail. The court examined the OMs and found that LOCs should be issued only in cases where there is a reasonable suspicion that the person may abscond or not cooperate with investigation, and only after recording subjective satisfaction. The court noted that the CBI had not provided any material to show that the petitioners were likely to flee or that they had not cooperated. The court also observed that the right to travel abroad is a fundamental right under Article 21 and cannot be curtailed arbitrarily. The court quashed the LOCs against all petitioners, holding that they were issued without jurisdiction and in violation of the guidelines. The court directed that the petitioners be allowed to travel abroad subject to informing the investigating officer of their travel plans.
Headnote
A) Criminal Procedure - Look Out Circular - Validity - Office Memorandum dated 27.10.2010, 05.12.2017, 22.02.2021 - The court examined whether LOCs issued by CBI against petitioners were in compliance with the guidelines. Held that the LOCs were issued without application of mind and without recording subjective satisfaction as required by the Office Memorandums. The court quashed the LOCs as they were not based on any credible material or reasonable suspicion that the petitioners would abscond or not cooperate with investigation. (Paras 1-30) B) Constitutional Law - Right to Travel Abroad - Article 21 - The court held that the right to travel abroad is a fundamental right under Article 21 and cannot be curtailed except by procedure established by law. The issuance of LOC without following the guidelines infringes upon this right. (Paras 15-20) C) Criminal Procedure - Anticipatory Bail - Effect on LOC - The court noted that the petitioners had been granted anticipatory bail and had cooperated with the investigation. The continued existence of LOC after grant of bail was held to be unjustified and disproportionate. (Paras 21-25) D) Criminal Procedure - Look Out Circular - Judicial Review - The court held that LOCs are subject to judicial review and can be quashed if found to be arbitrary or without jurisdiction. The court applied the principle of proportionality and necessity. (Paras 26-30)
Issue of Consideration
Whether the Look Out Circulars (LOCs) issued against the petitioners by the CBI were valid and in compliance with the guidelines laid down in the Office Memorandums dated 27.10.2010, 05.12.2017, and 22.02.2021, and whether the LOCs ought to be quashed and set aside.
Final Decision
The court quashed the Look Out Circulars (LOCs) issued against all the petitioners. The court held that the LOCs were issued without application of mind and without complying with the guidelines laid down in the Office Memorandums dated 27.10.2010, 05.12.2017, and 22.02.2021. The court directed that the petitioners be allowed to travel abroad subject to informing the investigating officer of their travel plans.
Law Points
- Look Out Circular
- LOC
- Office Memorandum dated 27.10.2010
- Office Memorandum dated 05.12.2017
- Office Memorandum dated 22.02.2021
- fundamental right to travel abroad
- right to livelihood
- right to reputation
- Article 21
- Article 19(1)(g)
- Article 14
- Article 19(1)(a)
- criminal investigation
- CBI
- anticipatory bail
- quashing of LOC
- proportionality
- necessity
- subjective satisfaction
- judicial review
