The Supreme Court on Tuesday dismissed the Centre’s appeal against a Bombay High Court order that quashed a Look Out Circular issued against Samuel Miranda, a former house help of the late actor Sushant Singh Rajput.
A bench comprising Justices B.R. Gavai and K.V. Viswanathan noted that no one appeared for the case during the hearing and concluded, “We do not find any merit in the appeal.”
An LOC is a tool used by investigating agencies to prevent individuals from leaving the country, particularly in connection with ongoing investigations.
The Centre had challenged the April 10 decision of the Bombay High Court, which ruled that the LOC issued by the Central Bureau of Investigation (CBI) against Miranda lacked sufficient justification.
The High Court pointed out that the LOC was based solely on the registration of an FIR and concluded that there was no indication Miranda intended to evade arrest or avoid trial. “Nothing was brought to our notice in the LOC reflecting the ‘reason’ for issuing the LOC, except the registration of an FIR and a summary of its contents,” the court stated.
It further noted that the CBI had not filed a charge sheet or a closure report, raising concerns about the legitimacy of the LOC’s continuation.
Miranda, who had cooperated fully with the investigation, argued that the LOC was improperly issued in 2020 and that it should not remain in effect indefinitely. He emphasized that the LOC infringed upon his fundamental right to travel abroad, as guaranteed by Article 21 of the Constitution of India.
“Keeping the LOC pending for over 3.5 years has infringed the petitioner’s right to travel freely,” Miranda asserted.
The Bombay High Court recognized that Miranda had consistently attended CBI summons and cooperated with the investigation. It concluded that the indefinite nature of the LOC was unjustifiable, especially in the absence of any substantial grounds to support its issuance or continuation.
With the Supreme Court’s dismissal of the Centre’s appeal, the ruling effectively reinstates the High Court’s decision, allowing Miranda the freedom to travel without restrictions imposed by the LOC.
This case underscores the importance of ensuring that legal tools like LOCs are used judiciously and within the bounds of the law, especially when fundamental rights are at stake.
