Delhi High Court Quashes LOC Against Two Individuals Issued Over 2021 Toolkit Case

The Delhi High Court has quashed a look out circular issued against two individuals over the toolkit case registered by the Delhi Police in relation to the 2021 farmers' protest.

Justice Sanjeev Narula quashed the LOC against Thilakasri Krupanand and Shantunu Muluk, noting that the investigation has been ongoing for nearly four years and yet no chargesheet was filed against them.

“There is no material placed on record to suggest non- cooperation or any attempt on the part of the Petitioners to evade the legal proceedings against them. In such circumstances, the issuance of an LOC, an exceptional measure meant to prevent absconding individuals from evading legal proceedings, cannot be justified against persons who have shown no inclination to flee or obstruct the course of justice,” the Court said.

While Krupanand was never even been summoned for investigation, Muluk was granted anticipatory bail by the Bombay High Court in 2021 and was summoned for probe. It was their case that both of them had fully cooperate with the ongoing investigation.

The Court “strongly negated” the apprehension of flight risk, which was the primary rationale for issuing an LOC against Krupanand and Muluk.

“The record does not indicate any travel restriction imposed by a competent court. The prolonged nature of the investigation, without any formal charge being framed, undermines the justification for perpetuating travel restrictions,” the Court said.

It added that in the absence of a specific order from a judicial authority directing Krupanand and Muluk to remain within the country, the continuation of the

LOC against them would be arbitrary and excessive, serving no reasonable purpose other than imposing an undue and indefinite restraint on their fundamental right to travel.

“Given that the FIR does not specifically implicate the Petitioners as accused, and the investigation remains inconclusive, this Court finds no reason to allow the LOC to continue any further,” the Court said.

In the FIR registered over the protests, the Delhi Police alleged that various “toolkit documents” were circulated on social media during the 2021 farmers' protest, allegedly created by an organisation called "Poetic Justice Foundation" and that the aim of the creators were to promote disaffection against India.

As per the prosecution, the violence during the protests was attributed as being caused by way of the “incitement to violence contained in the document” which was allegedly created by Disha Ravi. Ravi has been granted bail in the case.

Counsel for Petitioners: Ms. Vrinda Grover with Ms. Soutik Banerjee and Ms. Devika Tulsiani, Advocates

Counsel for Respondents: Ms. Nidhi Raman, CGSC with Mr. Rahul Kumar Sharma, GP and Mr. Arnav Mittal, Advocate for UOI/R-1; Mr. Amol Sinha, ASC (Crl.) for the State/R-2 with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Ms. Chavi Lazarus, Ms. Sanskriti Nimbekar, Advocates

Title: THILAKASRI KREPANAND & ORS v. UNION OF INDIA THROUGH BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS & ANR

Citation: 2025 LiveLaw (Del) 162

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