Look Out Circular interim stay granted where no renewal was shown and investigation cooperation was not disputed.

The Delhi High Court granted interim protection against a Look Out Circular after noting that the challenge was confined to the circular, the investigating agency already knew the petitioner's addresses, no summons service was denied, and there was no allegation of non-cooperation. It also noted that under the applicable Office Memorandum a Look Out Circular is valid for one year unless renewed, and no renewal was shown for the circular issued on 08.07.2019, supporting prima facie automatic removal. The petitioner's medical condition and the incomplete stage of adjudication were also taken into account. The operation, execution and implementation of the circular were stayed until the next hearing.

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Issues: Whether the Look Out Circular issued against the petitioner should be stayed pending further hearing.

Analysis: The petitioner confined the challenge to the Look Out Circular and not to the show cause notices. The material before the Court indicated that the investigating agency already knew the petitioner's residential and official addresses, and there was no denial of the assertion that no summons had been served. The Court also noted the absence of any allegation that the petitioner was not cooperating in the investigation. Further, under paragraph 8(i) of the Office Memorandum dated 27.10.2010, a Look Out Circular remains valid for one year from the date of issue and the subject's name is automatically removed thereafter unless renewed. Since the circular had been issued on 08.07.2019 and no renewal was shown, the Court found prima facie support for automatic removal. The Court also took note of the petitioner's medical condition and the incomplete stage of adjudication.

Conclusion: The petitioner was found entitled to interim protection, and the operation, execution and implementation of the Look Out Circular was stayed till the next date of hearing.

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