Karnataka High Court quashes lookout circular against driver working in Saudi Arabia

Karnataka High Court quashes lookout circular against driver working in Saudi Arabia

Bengaluru: The High Court has canceled the Look Out Circular (LOC) issued against Abdul Khader Nihad, a resident of Ulaibettu in Dakshina Kannada district, who was working as a driver in Saudi Arabia.Justice Sachin Shankar Magdum, in his order passed on April 29, said, “The State cannot economically pauperize a citizen under the guise of investigation. The constitutional guarantee under Article 21 is not limited to mere animal existence, but extends to dignified existence and economic freedom.”The 27-year-old petitioner is facing proceedings in a criminal case registered against him under sections 351(2), 352, 353(1)(c) and 192 of the Indian Justice Code, 2023, in connection with an inflammatory social media post and was arrested upon arrival at the Bajpayee airport in Mangaluru last year. Although Nihad was released on bail and his mobile phone returned, the LOC issued against him continued and he was not allowed to travel abroad. Due to this he had to approach the High Court.After perusing the materials on record, Justice Magdum pointed out that Nihad has already been arrested and interrogated, a competent court has released him on bail and he no longer has any incriminating material. “The petitioner has cooperated with the investigation; he is on bail and his presence can be ensured through conditions. Nevertheless, the State seeks to impose a blanket travel ban, which is neither necessary nor proportionate. The LOC, in its present form, acts as a civil death to the livelihood of the petitioner, especially when his place of employment is located abroad,” the judge pointed out.Therefore, the impugned action fails the test of fairness, reasonableness and non-arbitrariness. He said, continuation of LOC despite the petitioner being on bail is arbitrary and disproportionate.

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