Delhi High Court Quashes CBI Look Out Circulars Against NDTV Founders Prannoy Roy, Radhika Roy
The Delhi High Court on Friday quashed the Look Out Circulars (LOC) opened by Central Bureau of Investigation (CBI) against NDTV's former directors and promoters Prannoy Roy and Radhika Roy in 2019.“The impugned LOC is quashed, subject to the petitioners cooperating with the investigation,”Justice Sachin Datta said.The Court said that the continued operation of the LOC against Roys amounts...
The Delhi High Court on Friday quashed the Look Out Circulars (LOC) opened by Central Bureau of Investigation (CBI) against NDTV's former directors and promoters Prannoy Roy and Radhika Roy in 2019.
“The impugned LOC is quashed, subject to the petitioners cooperating with the investigation,”Justice Sachin Datta said.
The Court said that the continued operation of the LOC against Roys amounts to an unjustified curtailment of their fundamental right to personal liberty under Article 21 of the Constitution of India and cannot be sustained in law.
“The prolonged pendency of the investigation, coupled with the absence of any material demonstrating an intent on the part of the petitioners to abscond or obstruct the investigation, renders the continued restriction on their right to travel- disproportionate and arbitrary,” the Court said.
Justice Datta said that there is no material on record to indicate that the Roys have failed to cooperate with the investigation or have, at any point, attempted to evade the process of law. It is also an admitted position that no chargesheet has been filed till date, he noted.
“In the absence of any material demonstrating either non-cooperation, flight risk, or any concrete prejudice to the investigation, the continued operation of the LOC against the petitioners cannot be justified merely on unsubstantiated grounds of “economic interest” or “larger public interest”,” the Court said.
It added that there is nothing on record to suggest that the Roys failed to participate in any legal proceedings or that coercive measures such as NBWs were ever required to secure their presence.
The judge also noted that Roys were permitted to travel abroad on several occasions during the pendency of the proceedings and have consistently returned to India thereafter, a conduct which militates against any apprehension that they intend to evade the process of law.
“Accordingly, this Court is of the view that the continued operation of the LOC against the petitioners amounts to an unjustified curtailment of their fundamental right to personal liberty under Article 21 of the Constitution of India and cannot be sustained in law,” the Court held.
In May last year, the Court had orally remarked that it would be futile to continue with the look out circular.
The remark was made after the CBI had defended the LOC, arguing that the same was kept open to keep a watch on Roys' movements.
The counsel appearing for the Roys had submitted that the duo had answered the summon issued to them in 2019 and that their cooperation in the case was not an issue.
He had argued that if the investigation goes on for years without any end in sight and if the summons are answered by the Roys, then the said factor weighs in their favour.
On the other hand, the counsel appearing for CBI said that the LOC was issued to keep a watch on the Roys and the case has international ramifications.
The petition was filed by the Roys against the LOC which was opened pursuant to the registration of two FIRs dated June 2, 2017 and August 19, 2019.
In January, 2023, a coordinate bench hearing the matter had remarked that the LOC “cannot continue (it) in perpetuity” and that the matter “cannot go on like this.”
Title: DR PRANNOY ROY & ANR. v. UNION OF INDIA & ORS
Citation: 2026 LiveLaw (Del) 279