Issuance of Look Out Circular for Bailable Offense Ruled Unjustified; Court Criticizes Authorities for Overstepping Jurisdiction
In a significant ruling, the Karnataka High Court has quashed a Look Out Circular (LOC) issued against Aravind Reddy, an advocate and cricketer, emphasizing that such measures should not be employed for bailable offenses without substantial justification. The court, presided over by Justice T.P. Vivekananda, held that the issuance of the LOC violated Articles 19 and 21 of the Constitution of India, which protect citizens' rights to freedom and personal liberty.
Aravind Reddy, who frequently traveled abroad as part of his cricket commitments, found himself embroiled in a legal tussle when a complaint was filed against him, leading to the issuance of the LOC. The complaint, linked to a personal dispute, resulted in the registration of an FIR under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner was unaware of the LOC until his arrest at Kempegowda International Airport in Bengaluru upon returning from a cricket tournament in Sri Lanka.
The court noted that the LOC was issued without proper investigation or justification, describing the action as arbitrary and unwarranted. The judgment emphasized that LOCs should be reserved for exceptional cases involving genuine concerns of flight risk or threats to public safety, not private disputes or minor offenses.
Despite the state's argument that the LOC was necessary to secure the petitioner's presence for investigation, the court found no evidence suggesting that Reddy was a flight risk. The court's interim order had already stayed the LOC, questioning its necessity given the nature of the allegations.
Justice Vivekananda expressed deep displeasure at the authorities' decision to issue an LOC for bailable offenses, highlighting the infringement on Reddy's privacy and reputation. While the court acknowledged that the LOC would no longer be enforced, it noted that the petitioner could pursue further action regarding alleged human rights violations through the Karnataka State Human Rights Commission.
The ruling reiterates the judiciary's commitment to safeguarding constitutional rights and ensuring that law enforcement agencies operate within their jurisdiction, particularly concerning individual liberties.
Bottom Line:
Issuance of Look Out Circular (LOC) for a bailable offense violates Articles 19 and 21 of the Constitution of India. Such extreme measures should not be taken without justifiable grounds.
Statutory provision(s): Articles 19 and 21 of the Constitution of India, Sections 78(2), 79, 352, 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023
Aravind Reddy v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2973683
