Supreme Court Dismisses Union's Challenge To Quashing Of LOC Against Late Actor Sushant Singh Rajput's House Help-Samuel Miranda
The Supreme Court today dismissed Union of India's challenge to a Bombay High Court order whereby Look-Out-Circular opened in respect of late actor Sushant Singh Rajput's house help-Samuel Miranda was quashed.A bench of Justices BR Gavai and KV Viswanathan passed the order, considering that none appeared for the Union despite the matter being called out twice, as well as on merits."Matter...
The Supreme Court today dismissed Union of India's challenge to a Bombay High Court order whereby Look-Out-Circular opened in respect of late actor Sushant Singh Rajput's house help-Samuel Miranda was quashed.
A bench of Justices BR Gavai and KV Viswanathan passed the order, considering that none appeared for the Union despite the matter being called out twice, as well as on merits.
"Matter called out twice. None appeared. Even otherwise, on merits, we do not find any reason to interfere with the well-reasoned order passed by the High Court. Dismissed."
To recap, in 2020, after actor Sushant Singh Rajput was found dead at his residence, an inquiry was initiated. The actor's father made a complaint against Miranda and others, and following the same, an FIR was registered at Patna. Later, the investigation was transferred to CBI, which opened an LOC against Miranda.
Besides the actor's death case, Miranda was arraigned in an NDPS case, alongwith others. However, he was granted bail in the said case.
In 2024, Miranda approached the High Court for quashing of the LOC opened against him in 2020 by CBI. It was contended that the police had not filed any report and the LOC was pending since 3.5 years. Further, it was asserted that there was a violation of Miranda's right to travel abroad, and as such, the fundamental right under Article 21.
After perusing the record, the High Court quashed the LOC opened against Miranda, noting the insufficiency of the reasons to open the LOC and absence of grounds to continue the same. The order recorded:
"Nothing was brought to our notice in the LOC, reflecting the 'reason' for issuing of LOC, except registration of an FIR and setting out the gist of the FIR. Nor has anything been brought on record for continuance of the LOC. Neither has the respondent No.1 - CBI placed before us any subsequent request made by the CBI for continuation/renewal of the LOC, after the expiry of one year. Admittedly, till date no report has been filed by the CBI i.e. either a charge-sheet or a closure report. It is not in dispute that the petitioner has joined the investigation and has co-operated with the same. We have already allowed the Petition of the co-accused in the same case, and have quashed the LOC issued as against him."
It further added:
"It is not in dispute that the petitioner has roots in the society. The right to travel is a fundamental right and cannot be curtailed except according to due procedure established by law. Under the Format for issuance of LOC itself, 'reasons' must be given, in respect to the apprehension of a person evading arrest or otherwise. Although there are Consolidated Guidelines for issuing of LOC, even under the said Consolidated Guidelines, the LOC is expected to be periodically reviewed, as to whether grounds exists to continue the same."
Against the Bombay High Court order, the Union and Bureau of Immigration approached the Supreme Court.
In related news, the Supreme Court also recently dismissed a petition filed by CBI, State of Maharashtra and Bureau of Immigration, challenging Bombay High Court's quashing of LOCs issued against actress Rhea Chakraborty, her brother Showik, her father (an army veteran) and her mother (an army school teacher) in the aftermath of the Sushant Singh Rajput death case.
Case Title: UNION OF INDIA v. SAMUEL MIRANDA, Diary No. 46240/2024