The Bombay High Court on Thursday reserved its order on the plea submitted by actor Rhea Chakraborty, her brother Showik, and their father, requesting the quashing of the Look-Out Circulars (LOC) issued against them. The LOCs were issued by the Central Bureau of Investigation (CBI) amid an ongoing investigation into actor Sushant Singh Rajput's death.A standing LOC prevents individuals from travelling overseas without first seeking court approval. Due to the LOC, Rhea was unable to fulfil work commitments abroad, leading to the plea to quash the LOC.The bench, comprising Justices Revati Mohite-Dere and Manjusha Deshpande, challenged the CBI's stance that the mere presence of an FIR was a sufficient basis to issue an LOC. The bench argued that the LOC did not convey any suspicion of the recipients absconding.Concerns were raised about jurisdiction; the FIR was first registered in Patna by Rajput's family before being transferred to the CBI in Delhi. Chakraborty's case was argued by advocates Abhinav Chandrachud and Prasanna Bhangale, who stated that Mumbai was the correct jurisdiction as both Rajput and Chakraborty resided there, and the CBI conducted their investigations in this city.Appearing for Showik and the father, advocate Ayaz Khan also argued that Mumbai was the correct jurisdiction for the trial, further contending that an LOC should only be issued when an accused is actively evading arrest or court appearances, neither of which were the case here.CBI representative, Advocate Shreeram Shirsat, cited a previous court refusal, when Rhea had sought a case transfer to Mumbai, as a counter to the jurisdiction argument.However, the bench looked at the case pending since 2020 in which the CBI has not even filed a chargesheet and said, "There has to be some finality in a case. This is not financial fraud that will take so much time. In one case we saw that there was an LOC issued for a witness who could not go abroad to earn his livelihood. If such is the case, then which witness will come forward? There has to be some discretion as well. What are you fearing if the LOC is quashed? This is not a scam matter where it takes years to understand the nature of transactions. How long and how indefinitely can you curtail someone's movement?"Shirsat agreed that the Chakrabortys have cooperated and appeared whenever summoned in the case. He, however, could not assure the court that the chargesheet would be filed soon. However, he added, "They have attended. And just because they are not being summoned does not mean that the investigation is not going on. The question over LOC is only about apprehension. Intention of the person cannot be found until they flee."However, the bench said, "Three and half years have passed, and the chargesheet should have seen the light of day."
TAGS: Bombay High Court Rhea Chakraborty Look-Out Circulars (LOC) Sushant Singh Rajput
