Provide copy of lookout notice to person stopped from leaving country: HC

Justice M Nagaprasanna made the observation

The Karnataka High Court has said that the principles of natural justice require that a person stopped from leaving the country be supplied with a copy of the Lookout Circular (LOC).

Justice M Nagaprasanna observed this while disposing of a petition for directing the DCP (south), Bengaluru city, to consider the application filed by the petitioner for recall of the LOC and pass appropriate orders within six weeks. The petitioner claims to be in dispute with his wife in two separate cases.

The wife filed another complaint that the petitioner had sexually abused their son. In this case, the petitioner was arrested and released on bail after about two months in judicial custody.

On May 29, 2022, the petitioner was stopped at the Kempegowda International Airport (KIA), while he was leaving for Paris on official work. It was informed that DCP (south) had issued a LOC in his name in relation to a criminal case registered by his wife. The petitioner moved the high court after the authorities did not consider his repeated requests to recall the LOC.

Justice Nagaprasanna observed that the conditions in the bail granted to the petitioner do not include travel restrictions. The court rejected the contention that notice ought to be issued prior to the issuance of LOC.

However, the court said even if it is construed that procedure established by law by way of official memorandum requires right to travel being curtailed against the subject of the LOC, he would at least become entitled to a copy.

“Therefore, it is for the originator to furnish the copy and the reasons to the executant and the executant shall furnish the same to the subject of the LOC, not at any time earlier, but at the time when the subject of the LOC would be subjected to rigors of the LOC,” the court said.