Man is a witness, says HC; quashes LOC saying ongoing probe can’t deprive him of livelihood in Dubai | Mumbai News – Times of India | IIT EXPERT



MUMBAI: The Bombay high court quashed a look-out circular against a man, employed in Dubai, who had been summoned in 2021 as a witness in a case being probed by the Central Bureau of Investigation (CBI), observing that his right to livelihood cannot be curtailed, especially since he is not even an accused.
“Because investigation is pending, cannot be a ground to deprive him of his livelihood,’’ said Justices Revati Mohite Dere and Manjusha Deshpande in a March 18 order.
The HC noted that the man aged 34 from Thanjavur, Tamil Nadu, as accepted by CBI counsel Kuldeep Patil, is not an accused but a witness in a case registered against someone else. But Patil said the witness has not cooperated with the investigation which is in progress.
The HC said senior counsel Aabad Ponda for the man who sought quashing of the Look Out Circular issued against Haji Mohammed who had worked in Dubai since 2011 for 10 years till 2021, said his client had cooperated with the investigation. He said when Mohammed had come to India to visit his ailing mother in 2021 the agency came to his house and seized his passport–which by an order of the HC passed recently this year, was returned.
Ponda also submitted that the petitioner had attended the office of the CBI and “cannot be detained indefinitely, thereby impinging upon his right to livelihood.” He argued that the man was called as a witness and not as an accused in the case registered by the CBI. The petitioner needs to rejoin his work and earn a livelihood said Ponda.
The HC said Ponda fairly submitted that his client would cooperate with the probe and attend the CBI office thrice in six months with seven days prior notice from the agency. Accepting Ponda’s statement the HC quashed the LOC and disposed of the matter.





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