Madras High Court upholds right to know reasons for adverse proceedings

The Madras High Court has ruled that an accused individual has the right to know the reasons behind adverse proceedings initiated against them, asserting that India does not follow a ‘Kafkaesque trial’.

Presiding Justice V Lakshminarayanan stated that the legal system operates strictly under Articles 21 and 22 of the Constitution. The court observed that individuals affected by such proceedings must be informed so they can choose to either abide by the proceedings or take appropriate legal action.

The ruling came during a hearing for a petition filed by K Padmanabhan, who sought to have the Central Bureau of Investigation (CBI) remove red flags and Look Out Circulars (LOCs) that prevented him from traveling abroad. The petitioner argued he was unaware of the specific number or nature of the LOCs issued against him. In response, the CBI and the Bureau of Immigration claimed that LOCs are confidential documents.

The court has directed the CBI and the Bureau of Immigration to file an affidavit explaining the confidentiality of these circulars and the process for obtaining travel permission. The case is scheduled for further hearing on September 16.