Delhi High Court rules on assessment of Look Out Circulars

Delhi High Court clarifies limitations on assessing Look Out Circulars

The Delhi High Court has stated that it lacks the authority to review the adequacy of material upon which Look Out Circulars (LOCs) are issued. A Division Bench comprising Justices C Hari Shankar and Om Prakash Shukla established that while judicial review is permissible, it does not extend to evaluating the subjective judgment of the authorities responsible for issuing LOCs.

The court’s decision stems from a case where the legality of an LOC was challenged, with the petitioners arguing that the authority had acted without sufficient basis. The bench reiterated that such decisions are based on the subjective satisfaction of the issuing authority, and courts should not interfere unless there are exceptional circumstances.

This ruling emphasizes the delicate balance between individual rights and the need for state authorities to exercise discretion in matters of public safety. The court acknowledged the critical nature of LOCs but maintained that judicial intervention must remain limited to cases of blatant misuse.

Practitioners should note this judgment, as it delineates the boundaries of judicial review concerning LOCs, potentially impacting cases involving individual liberties juxtaposed against public safety considerations.