Case Note & Summary
The judgment concerns two writ petitions filed by individuals challenging Look Out Circulars (LOCs) issued against them by the police authorities. The petitioners, Nitin Pandurang Shejwal and Amit Harishchandra Daphal, sought quashing of LOCs that were issued without any FIR or cognizable offence being registered against them. The court examined the Office Memoranda dated 22.10.2010 and 22.02.2021, which govern the issuance of LOCs. The court noted that LOCs are a serious restriction on the fundamental right to travel abroad under Article 21 of the Constitution. The court held that LOCs cannot be issued in a mechanical manner and must be based on the existence of a cognizable offence. Since no FIR was registered against the petitioners, the LOCs were quashed. The court directed the respondents to withdraw the LOCs immediately. The judgment emphasizes that the right to travel is a fundamental right and cannot be curtailed without due process of law.
Headnote
A) Criminal Procedure - Look Out Circular - Issuance without FIR - A Look Out Circular (LOC) cannot be issued against a person unless there is registration of an FIR or a cognizable offence. The court held that the Office Memorandum dated 22.10.2010 and 22.02.2021 require the existence of a cognizable offence for issuance of LOC. Issuance of LOC without such basis violates fundamental rights under Articles 19 and 21 of the Constitution. (Paras 1-19) B) Constitutional Law - Fundamental Rights - Right to Travel - The right to travel abroad is a part of personal liberty under Article 21. An LOC that restricts travel without legal basis infringes upon this right. The court held that the State cannot impose such restrictions without due process of law. (Paras 1-19) C) Criminal Procedure - Look Out Circular - Quashing - The court quashed the LOCs issued against the petitioners as they were issued without any FIR or cognizable offence being registered against them. The court directed the respondents to withdraw the LOCs immediately. (Paras 1-19)
Issue of Consideration
Whether a Look Out Circular (LOC) can be issued against a person in the absence of registration of an FIR or a cognizable offence, and whether such LOC violates fundamental rights under Articles 19 and 21 of the Constitution.
Final Decision
The court allowed the writ petitions and quashed the Look Out Circulars issued against the petitioners. The respondents were directed to withdraw the LOCs immediately.
Law Points
- Look Out Circular
- Cognizable Offence
- FIR
- Fundamental Rights
- Article 21
- Article 19
- Office Memorandum 2010
- Office Memorandum 2021
