In its plea before the Delhi High Court, the CBI said that the Special Court and the Magistrate before it “completely misconstrued the scope and purpose of taking recourse” to an LOC.
The agency specifically challenged paragraphs 26 to 28 and 38 of the Special Court order that had laid down that recourse to an LOC can be taken only on co-existence of the following three circumstances:
(i) Look-Out Corner Notice can be issued only in cognisable offences; and
(ii) Accused is deliberately evading arrest or not appearing in trial court despite non-bailable warrants (NBWs) and other coercive measures; and
(iii) There is likelihood of the accused leaving the country to evade trial/arrest.
“It is respectfully submitted that if the rational of the Ld. Spl Judge is accepted then any investigating agency will have to first await for an accused to abscond and only thereafter it will be permitted to take recourse to the process of LOC,” the plea stated.
This interpretation, if followed, would amount to sending a message to the CBI and other agencies that in case they apprehend an accused’s unavailability, the only power available to them is that of arrest, it was submitted.
Source: Barandbench
