‘Look out circulars can’t continue in perpetuity’: Delhi HC to CBI in NDTV founders’ plea against LOCs

The CBI’s counsel submitted that the look out circulars are still subsisting. It was submitted that there were two FIRs/regular cases (RC) which have been filed in two years, one in 2017 which had expired and a second regular case was registered in 2019 based on which the lookout circulars were issued. He submitted that LOCs issued against the Roys “doesn’t get revoked automatically”. At this point, Justice Singh said, “It can’t continue in perpetuity. Don’t even try and argue that.”

The CBI counsel further said that they were yet to file a chargesheet and the investigation was ongoing. The high court thereafter listed the matter for hearing on April 28.

In June 2022, the Roys had moved the high court seeking permission to travel abroad between August 1 and August 30, 2022. At the time, the high court took note of “an LOC which was opened pursuant to the registration of two FIRs dated 2 June 2017 and 19 August 2019”. Perusing its records, the high court had noted then that an earlier LOC which was issued had expired on June 19, 2020, and a second LOC had been opened against the Roys on January 11, 2021.

The CBI had then argued that as per the office memorandum dated February 22, 2021, “the LOC would continue to operate notwithstanding a period of one year having lapsed”.

The court took note of the affidavit filed by CBI, wherein various allegations were levelled against the Roys with respect to certain financial transactions undertaken by them “in their capacity as being part of the management of New Delhi Television Ltd”. But the high court had held that the CBI had not relied on any material “which may even remotely indicate” that the NDTV founders “constitute a flight risk” nor could the CBI establish that they had failed to cooperate in the ongoing investigation. The high court had thereafter allowed the Roys to travel abroad noting that they had deep-rooted ties in India.

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