Hyderabad: The Telangana High Court on Monday, November 24, expressed serious displeasure over the police issuing a Look Out Circular (LOC) against a couple facing charges in a domestic violence case.
The court observed that issuing an LOC against persons holding foreign citizenship without considering bilateral agreements between nations was improper, noting that such violations could tarnish India’s reputation globally.
Petitioner’s arguments
Justice Jukkanti Anil Kumar was hearing a petition filed by a couple with Singapore citizenship, relatives of a Secunderabad woman who had lodged the domestic violence complaint, seeking to quash the case against them.
The petitioner’s counsel argued that the LOC was issued, claiming the petitioners were absconding, though a High Court stay order was already in place. He informed the court that the couple had been detained at Chennai airport while travelling to Singapore because of the LOC. Despite the stay, he said, the local court proceeded with issuing the circular.
Additional Public Prosecutor E Ganesh contended that the High Court’s stay order had not been brought to the attention of the lower court. After hearing both sides, the judge expressed dissatisfaction with the police action.
Judge points out India-Singapore bilateral agreement
Justice Anil Kumar pointed out that India and Singapore had a bilateral agreement on mutual legal cooperation in criminal cases, which required authorities to issue summonses, notices, and court orders to foreign citizens strictly as per prescribed protocols.
The Telangana High Court judge questioned the police for relying on CrPC Section 41A notices that were allegedly sent through social media, something the Supreme Court has already clarified as invalid. “Can someone be arrested or detained merely for not responding to such notices?” he asked.
He remarked that airport detentions could be a traumatic experience and added that if officials themselves were detained for hours in court, they might understand the ordeal others face.
LOC issued in violation of procedure: Judge
Observing that the LOC was issued in violation of procedure, the court directed authorities to lift any travel restrictions on the petitioners immediately and allow them to travel to Singapore.
The judge adjourned further hearing by a week and cautioned that failure to follow procedural norms could lead to adverse entries in the service records of the officers concerned.
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