Delhi High Court Strikes Down Look-Out Circulars Against NDTV Founders
The Delhi High Court delivered a significant verdict on Friday, quashing look-out circulars (LOCs) issued against NDTV founders Prannoy Roy and Radhika Roy in 2021. The court emphasized that the fundamental right to travel cannot be curtailed indefinitely, marking a pivotal moment in the intersection of legal procedure and constitutional liberties.
Court Upholds Article 21 Right to Travel
Justice Sachin Datta, presiding over the case, underscored that the right to travel abroad is an integral component of the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution. The court held that the continued operation of the LOCs against the petitioners constituted an unjustified and excessive restriction on their fundamental rights.
The judgment highlighted: "While this court is conscious of the complexities that may arise in investigations involving cross-border financial transactions, the fact remains that the petitioners' fundamental rights cannot be curtailed indefinitely on account of a prolonged and uncertain investigative process."
Background of the Case and Investigation
The look-out circulars were issued following a case lodged against the Roys by the Central Bureau of Investigation (CBI) in 2021. However, the court noted that the probe has been pending for over five years, during which the petitioners have consistently cooperated with authorities and made no attempts to evade legal processes.
Key points from the ruling include:
- The investigation has not yet resulted in a chargesheet being filed.
- The petitioners have not been summoned for several years.
- There are no allegations of non-cooperation from the Roys.
Legal Implications and Future Considerations
The court observed that maintaining an LOC for such an extended period, particularly in the absence of concrete developments or summons, is unsustainable. This decision sets a precedent for balancing investigative needs with individual freedoms, ensuring that prolonged legal processes do not infringe upon constitutional rights without due cause.
The ruling reinforces the principle that indefinite restrictions on travel, without timely judicial or investigative progress, undermine the very essence of personal liberty enshrined in the Constitution. It calls for a more measured approach in issuing and maintaining look-out circulars, aligning them with the pace and requirements of ongoing investigations.
