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Court Orders Withdrawal of L.O.C.; Upholds Petitioners' Fundamental Rights Under Article 21 Due to Lack of Justification. The HC directed the withdrawal of the L.O.C. against the petitioners, involved in a criminal case, emphasizing that their fundamental rights under Article ...
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Court Orders Withdrawal of L.O.C.; Upholds Petitioners' Fundamental Rights Under Article 21 Due to Lack of Justification.
The HC directed the withdrawal of the L.O.C. against the petitioners, involved in a criminal case, emphasizing that their fundamental rights under Article 21 remain intact. The court found no justifiable reason for the L.O.C., given their community ties and absence of serious allegations, deeming the order irrelevant.
Issues involved: Petition seeking withdrawal of Lookout Circular (L.O.C.) issued against petitioners u/s 482 Cr.P.C.
Details of the Judgment:
1. Background: The petitioners are involved in a criminal case regarding a mishap at their theme park leading to a fatality. They are seeking withdrawal of the L.O.C. order issued against them during the investigation.
2. Fundamental Rights: The court emphasized that involvement in a criminal case does not strip a person of their fundamental rights, including the right to move freely, as guaranteed by Article 21 of the Constitution of India.
3. Regulation of Movement: While acknowledging the need to regulate the movement of individuals involved in criminal cases, especially those with the potential to flee, the court stressed that such regulation must be fair and reasonable, not arbitrary.
4. Instructions on L.O.C.: The court referred to the instructions regarding the issuance of L.O.C., which categorize individuals to be included in the circular based on various criteria, including criminal charges, absconding offenders, and persons with terrorist links.
5. Petitioners' Status: The petitioners, being business people with strong ties to the community and no allegations of involvement in serious crimes, were found not to fit the categories warranting L.O.C. orders.
6. Precedents: Citing previous cases where L.O.C. orders were lifted in certain circumstances, the court concluded that, given the petitioners' situation and the lack of valid restrictions on their movement, the L.O.C. orders against them were irrelevant.
7. Judgment: The court directed the Deputy Commissioner of Police to withdraw the Lookout Circular order issued against the petitioners, considering their background and the absence of justifiable reasons for the L.O.C. to remain in effect.
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