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Kamaal R Khan files petition in HC to quash look-out circular

Kamaal R Khan petitions Bombay HC to quash a look-out circular restricting his travel, claiming it's arbitrary and violates his rights.

Updated on: Nov 13, 2024, 07:54:03 IST
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MUMBAI: Bollywood actor-producer Kamaal R Khan on November 8 filed a petition in the Bombay high court seeking to quash a look-out circular (LOC) issued against him by the Bureau of Immigration. The LOC, which restricts Khan’s international travel, was imposed following an alleged failure to comply with a directive requiring licensed firearm holders to surrender their weapons during the enforcement of the Model Code of Conduct in Maharashtra. Khan’s petition claims the LOC is arbitrary, infringes on his fundamental rights, and lacks legal basis.

Kamaal R Khan files petition in HC to quash look-out circular
Kamaal R Khan files petition in HC to quash look-out circular

It all began in March 2024, when Khan travelled to London for medical treatment. On March 16, as part of pre-election measures for the 2024 Lok Sabha elections, the Model Code of Conduct was implemented in Maharashtra, requiring licensed gun owners to surrender their firearms to maintain public order. On April 12, the deputy commissioner’s office issued an official order mandating all firearm licensees to submit their weapons to local police stations. When officers attempted to serve the order at Khan’s Mumbai residence, they found the property locked.

Police contacted Khan via WhatsApp, where he confirmed he was in London for medical reasons. He was informed of the directive and instructed to have his licensed firearm delivered to authorities through a relative or representative. In response, Khan emailed police between April 29 and May 2, stating his firearm was securely stored at his native residence and provided the location. However, local police, in coordination with Khan’s father, confirmed that Khan had not visited his native place in over 20 years, raising questions about his compliance with the directive.

Following these events, on May 9, an FIR was filed against Khan under section 188 of the Indian Penal Code for alleged non-compliance with the firearm order. The deputy commissioner of police then requested the Bureau of Immigration to issue an all-India LOC against Khan, which was subsequently enforced on May 17.

In his petition to quash the LOC, advocate Sana Raees Khan, representing KRK, argued that it unjustly restricts his freedom to travel internationally for both personal and professional purposes. She claimed that the Bureau of Immigration’s decision to issue the LOC was excessive and unjustified without solid evidence to support the need for such a measure. She further stated that the LOC represents an arbitrary limitation on Khan’s constitutional right to freedom of movement and lacks statutory support.

The petition emphasised that LOCs should be issued only in extraordinary circumstances involving credible threats to public order or when individuals are actively evading legal proceedings. Khan’s counsel argued that his case does not meet these criteria, making the LOC an unjustified and disproportionate restriction on his fundamental rights.

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