LOCs shouldn’t be issued in a mechanical manner, rules HC

Vijayawada: Andhra Pradesh high court, in a recent judgement, held that a look out circular (LOC) cannot be issued in a mechanical manner, especially in matrimonial cases, without looking into the conduct of the accused. Allowing a petition filed to quash the LOC, the high court observed that LOCs should be issued in severe cases involving national security, financial irregularities, and cases against society, and if the accusation against the accused persons is such that it is detrimental to the nation, but not in every matrimonial case, especially when the accused is cooperating with the trial.LV Arun Kiran moved the high court seeking to quash the LOC issued against him by Visakhapatnam police. Kiran, who works as an electrical technician in Abu Dhabi, stated that when he landed at Visakhapatnam airport on Jan 14, the airport police apprehended him on account of a pending LOC in a case registered under Section 498-A of the IPC following a complaint lodged by his wife, S Kavitha.Kiran said when their marriage ran into trouble after some time, he filed a petition for divorce, while his wife filed a petition for maintenance. Later, she filed a case under 498-A of the IPC (Sec 85 of the BNS), in which he was arrested and obtained bail. While the police filed a charge sheet in the said offence, Kiran went to Abu Dhabi for work. Kiran further stated that he cooperated with the investigation and regularly attended court proceedings in both the divorce petitions and the 498-A case. G Seena Kumar, the counsel for Kiran, told the court that because of the LOC issued by the police, Kiran could not return to Abu Dhabi and was forced to extend his leave. If he is not allowed to travel abroad, he would lose his job, which amounts to curtailing his fundamental rights guaranteed under Article 21 of the Constitution, Seena Kumar argued. The assistant govt pleader argued that the LOC was issued to ensure that he would not evade the judicial process.Considering the arguments, Justice K Srinivas Reddy held that police should issue LOCs only in grave offences, not in every 498-A case, especially when the accused is cooperating. Citing the guidelines issued by the Union ministry of home affairs on issuing an LOC, Justice Reddy said it should be used only in cases involving grave offences against the state or in cases involving financial irregularities.