Supply of copy of LOC is sine qua non for execution of LOC

2022(6) Kar. LJ. 76
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

SRI HARSHAVARDHANA RAO K
VERSES
UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI AND OTHERS

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, Sections 3(a), 3(b), 4, 5(m), 5(n), 5(p) and 6 Code of Criminal Procedure, 1973, Section 482 - Protection of Women from Domestic Violence Act, 2005- Guardians and Wards Act, 1890 - Indian Penal Code, 1860, Sections 376-AB and 377 - Impugned 'Lookout Circular issued by respondent 4-Deputy Commissioner against the petitioner, in furtherance of a criminal case instituted by his wife under the IPC and POCSO Act - Petitioner was enlarged on bail - He is stopped by Immigration Authorities at the Bangalore International Airport when he wanted to travel abroad for official duty - Seeks direction for issuance of writ in the nature of mandamus for recall of LOC= Whether entitled - Official Memorandum/Guidelines issued by Union Government of 2010 read with one issued in 2021 show that LOC can be issued in cognizable offences where the accused is deliberately avoiding arrest and not appearing before the Trial Court despite non-bailable warrant and other coercive measures being taken Despite all of which there was likelihood of accused leaving the country to evade trial or his arrest - Or if his departure abroad would be detrimental to the sovereignty or security or integrity of India etc. - Thus, the issuance of LOC in terms of Official Memorandum does take away the right of a person to travel - Contention that he should be afforded an opportunity of prior notice pursuance to issuance of LOC is unacceptable, as the framework of LOC itself bars such notice to be issued However, the right to travel being curtailed against the subject of the LOC, he would at least become entitled to a copy of the LOC, not before travelling abroad, but only at the time when stopped from travelling out of shores of this nation He would them become - aware why his liberty to travel, which is a facet of fundamental right is being taken away- Which, all the more important as he is enlarged on bail, with no condition restricting his travel - Supply of copy of LOC is sine qua non for execution of LOC - Direction to respondent 4 to consider representation of petitioner for recalling LOC and pass appropriate orders. (paras 3, 10, 11, 12, 13 and 14)