Farmers’ protest: Delhi HC junks lookout circular against two

The Delhi High Court has quashed the look out circular issued against two men in relation to the 2021 farmers' protest saying they fully cooperated in the investigation.

Justice Sanjeev Narula on 31 January said there was no specific order from a judicial authority directing the men to remain within the country and continuation of the look out circular (LOC) was "arbitrary and excessive".

No reasonable purpose would be served other than imposing an "undue and indefinite restraint" on their fundamental right to travel, added the court.

The court found no reason for the LOC to further continue against Thilakasri Krupanand and Shantunu Muluk as the 2021 FIR did not specifically implicate them and the probe remained inconclusive.

The court therefore quashed the LOC that barred them from travelling abroad.

The high court said no material was placed on record to suggest their non-cooperation or an attempt to evade the legal proceedings against them.

"In such circumstances, the issuance of an LOC, an exceptional measure meant to prevent absconding individuals from evading legal proceedings, cannot be justified against persons who have shown no inclination to flee or obstruct the course of justice," it said.

The verdict noted that the petitioners were permitted to travel abroad on multiple occasions during the pendency of these proceedings and had returned to India.

"This conduct strongly negates the apprehension of flight risk, which is the primary rationale for issuing an LOC. Pertinently, these permissions were not granted by any judicial order but were approved by the respondents themselves, reinforcing the conclusion that the authorities do not perceive the petitioners as an actual flight risk," it added.

Considering that the investigation was going on for about last four years and no chargesheet was filed against the duo, the court said the prolonged investigation, without any formal charge being framed, only perpetuated their travel restrictions.

A copy of its order was directed to be shared with the bureau of immigration, ministry of home affairs for updating their records.

The counsel for the Delhi government opposed the petition on the ground that the probe was underway and cited a genuine apprehension that they might abscond to evade the investigation and trial.

The FIR related to the farmers’ agitation in the national capital on January 26, 2021, filed under Sections 124A (sedition), 153A (promoting enmity between groups based on religion, race, language, etc.), 153 (provocation), and 120B (criminal conspiracy) of IPC.