Even after the bail of the Supreme Court, the central agency issued a look-out notice for the accused, then the Bombay HC bifra

The Bombay High Court on Wednesday slammed the central agencies for issuing a look out circular against an accused who was arrested and later granted bail by various courts.

A bench of Justices AS Gadkari and Milind Jadhav asked the counsel appearing for the central agencies – the Central Bureau of Investigation and the Enforcement Directorate – under which law the Look Out Circular was issued while the accused was released on bail by the Supreme Court. was.

The bench asked the lawyer, “How can you (the agency) violate such judicial orders? Are you (central agency) above Parliament? You are now even ahead of Parliament?” The court was hearing a writ petition filed by Roshni Kapoor, daughter of Yes Bank founder Rana Kapoor, challenging the look out circular issued against her by the Ministry of Home Affairs at the instance of the Central Bureau of Investigation.

Kapoor was being probed by the CBI and the ED for allegedly being part of a criminal conspiracy to take undue advantage in return for fraudulently providing financial assistance to DHFL. Kapoor, in his petition, said that the issuance of LoC against one of the arrested accused is a violation of law.

Lookout notice only for absconding accused – Court

While hearing the matter, the court asked the lawyer how LOC can be issued against the arrested person. Justice Gadkari said that the lookout notice is only for the absconding accused, once the accused is arrested, the lookout notice should lapse.

Lawyer gave arguments

To this the lawyer said, “Once the accused is released on bail, the LoC should be implemented. In many cases it has been found that despite the conditions imposed by the court while granting bail, the accused have crossed the country’s border in violation of the order, after which it becomes difficult to track them.