Red corner notice and look-out circular standards clarified: coercive travel restrictions need legal basis, reasons, and competent authority action.

A red corner notice is sustainable only where an extraditable offence, a warrant of arrest, and a legally supportable extradition request exist; the notice here was quashed because the petitioner's whereabouts were known, extradition had not been pursued for years, and the record showed inaccurate, exaggerated particulars indicating absence of proper application of mind. A look-out circular is an extraordinary coercive measure for securing a person who is evading arrest or trial and may be issued only on a written request by the investigating agency to the competent authority with reasons and particulars. The affected person may seek cancellation before the trial court, whose power to interfere is coextensive with its control over coercive processes.

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Issues: (i) Whether the red corner notice issued against the petitioner was liable to be quashed for want of legal basis and for being issued for extraneous considerations; (ii) what are the governing principles for recourse to a look-out circular, the procedure for its issuance, the remedy available to the affected person, and the role of the concerned court in cancellation or withdrawal of such a circular.

Issue (i): Whether the red corner notice issued against the petitioner was liable to be quashed for want of legal basis and for being issued for extraneous considerations.

Analysis: A red corner notice is meant for an offender wanted at the international level, to facilitate arrest and extradition. Its issuance presupposes an extraditable offence, the existence of a warrant of arrest, and a request capable of being pursued under the relevant extradition framework. On the facts, the petitioner's whereabouts were known, no extradition proceedings had been initiated for years, and the offences relied upon were not shown to be extraditable in the manner required for issuance of such notice. The notice also reflected inaccurate and exaggerated particulars, including an incorrect characterisation of the offence and the petitioner's alleged dangerousness, which indicated absence of proper application of mind.

Conclusion: The red corner notice was held unsustainable and was quashed in favour of the petitioner.

Issue (ii): What are the governing principles for recourse to a look-out circular, the procedure for its issuance, the remedy available to the affected person, and the role of the concerned court in cancellation or withdrawal of such a circular.

Analysis: A look-out circular is an extraordinary coercive measure used to secure the presence of a person who is evading arrest or trial and where there is a likelihood of departure from the country to avoid process. The request must be made in writing by the investigating agency to the competent authority notified under the relevant circulars, with reasons and particulars. The affected person may join investigation, surrender before the court, approach the issuing authority, or seek cancellation before the trial court having jurisdiction. The subordinate court's power to interfere with the look-out circular is coextensive with its power concerning coercive processes such as non-bailable warrants. The court also clarified that statutory commissions without criminal law enforcement powers cannot themselves originate such requests; they may only place facts before law-enforcement agencies.

Conclusion: The court laid down the operative criteria, procedure, and remedies governing look-out circulars and recognised the trial court's power to withdraw or cancel them in appropriate cases.

Final Conclusion: The petitioner obtained substantive relief against the red corner notice, while the court also settled the legal framework governing look-out circulars and the manner in which they may be sought, challenged, withdrawn, or cancelled.

Ratio Decidendi: An extraordinary coercive immigration measure can be sustained only when it is issued by the competent authority for a legally permissible purpose on an informed and reasoned request, and a red corner notice cannot stand where the offence is not shown to be extraditable or the process is used without proper legal foundation.

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