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| HC quashes LOC in more than 200 J&K Bank loan scam | | | Early Times Report
JAMMU, Jan 9: In a petition filed by one Aman Ghelot in much publicized J&K Bank Loan Scam, Justice Sindhu Sharma of Jammu & Kashmir and Ladakh High Court quashed the Look Out Circular issued by ACB.
While quashing the LOC, Justice Sindhu Sharma observed that it becomes evident that the LOC was issued despite the absence of any precondition necessitating such a measure. An LOC is a coercive measure to make a person surrender and consequentially interferes with petitioner's right of personal liberty and free movement. It is to be issued in cases where the accused is deliberately evading summons/arrest or where such person fails to appear in Court despite a Non-Bailable Warrant. In the instant case, there is no reply to the submission of the petitioner that he is always available for investigation. The respondents have not summoned him and in case, they would do so, he would appear before them. There is, as such, no cogent reason for presuming that the petitioner would not appear before the Investigation Agency or abscond, the petitioner is available for investigation since the registration of FIR in the year 2019 and hence, no case is made out for issuing the impugned LOC.
Court observed that the Look Out Circular cannot be issued as a matter of course but in exceptional circumstances, after following guidelines, where there are reasons for the same i.e., where the accused deliberately evades arrest or does not appear before the trial Court.
The argument of the DSGI is that a request for Look Out Circular has been issued in view of the inherent power of the Investigating Authority to secure attendance and cooperation of the accused when the petitioner is cooperating with them is contrary to the guidelines in Sumer Singh Salkan's case, is also not sustainable, Court said.
With these observations, Court said that the impugned LOC is devoid of merits and infringes upon right of the petitioner to travel abroad. In view of the aforesaid facts and circumstances and for the reasons discussed above, the impugned LOC is set aside and quashed but in order to strike balance qua the right of the investigation agency to investigate the instant matter as well as the fundamental right of the petitioner of movement and free speech and allowed the petition with conditions that the petitioner shall intimate his travel dates and detailed itinerary to the Investigation Agency forthwith along with the address of the places that the petitioner shall be visiting; the petitioner on return shall inform the respondents about his arrival; the petitioner shall deposit an FDR to the tune of Rs. 01 lakh before the Investigating Agency; the petitioner shall not attempt to tamper with the evidence or influence the witnesses in any manner.
Court further made it clear that the order of this Court setting aside the impugned LOC will not impact the criminal proceedings or any other proceedings, at any stage, initiated against the petitioner. —JNF |
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