Introduction:
The Bombay High Court, in a significant ruling, has quashed Look Out Circulars (LOCs) issued against Rhea Chakraborty and her family in connection with the Sushant Singh Rajput case. The court observed that the LOCs lacked proper reasons for issuance, violating Consolidated Guidelines. The Chakrabortys, including Rhea, her brother Showik, and parents, faced LOCs after an FIR by Rajput’s family, later transferred to the CBI.
Arguments:
The court emphasized that LOCs should not be routine but based on valid reasons, such as evasion of arrest. It criticized the lack of explicit reasons in the LOCs and noted the Chakrabortys’ cooperation with investigators. The CBI’s argument that LOCs could be pending without time constraints was dismissed, emphasizing the fundamental right to travel.
Court’s Judgement:
Quashing the LOCs, the court asserted that a mere gist of the FIR was insufficient, demanding proper reasons. It cited the right to travel as a fundamental right and rejected the notion of keeping LOCs pending indefinitely. The court’s decision relied on the precedent set in Maneka Gandhi vs Union of India, emphasizing freedom of movement.