BENGALURU: The Karnataka High Court Lookout Circular Judgment has reaffirmed that trial courts must refrain from entertaining or adjudicating any challenge against Lookout Circulars (LoCs).
Justice M Nagaprasanna, while disposing of a plea filed by a 41-year-old man accused in a domestic violence and dowry harassment case, held that trial courts lack the jurisdiction to order withdrawal or removal of LoCs, cautioning that any such directions shall be viewed with judicial seriousness.
The bench took note of recurring instances where trial courts were entertaining applications seeking recall of LoCs, despite the absence of such powers under criminal procedural law.
Justice Nagaprasanna emphasized that such judicial overreach not only exceeds the statutory framework but also disrupts the investigative prerogatives of law enforcement authorities.
The bench expressed its appreciation for Advocate Sarah Sunny, a hearing-impaired lawyer who appeared on behalf of the complainant wife, assisted by Dr. Renuka V. N., an official Sign Language Interpreter.
The Court permitted this arrangement to ensure effective communication and uphold the advocate’s right to full participation in judicial proceedings.
The judgment notes with admiration that
“Advocate Sarah Sunny transcended every boundary of silence, presenting her submissions with composure, clarity, and conviction matching any seasoned counsel.”
The Court lauded her as an embodiment of perseverance and inspiration for the legal fraternity, observing that justice must be heard not merely through ears, but through the heart.
Recognizing that hearing-impaired advocates form a rare minority within the legal profession, the Court underscored the constitutional duty of higher courts to empower them and dismantle the sound barriers impeding their professional engagement.
Parties and Bench Details
- Petitioner: A 41-year-old accused in a domestic violence and dowry harassment case.
- Respondent: State by City Police, Bengaluru.
- Bench: Justice M Nagaprasanna, Karnataka High Court.
- Assisting Counsel: Advocate Sarah Sunny with interpreter Dr Renuka V N.
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