November 29, 2024 - The Rajasthan High Court, while hearing a petition challenging a Look Out Circular (LOC), yesterday issued essential guidelines for the entire State. The Court directed the Home Secretary and Director General of Police (DGP) of the State, along with all joint secretaries, district magistrates and police superintendents, to take necessary steps to ensure compliance to the guidelines.

Justice Arun Monga also cancelled the LOC issued against petitioners Abhijeet Singh and others. The petitioners had challenged the LOC issued in connection with an FIR filed in Sri Ganganagar.

A Look Out Circular (LOC) is a legal order that directs immigration authorities to prevent a person from entering or leaving a country. It can be issued against Indian citizens or foreigners, basically those people against whom there is a pending case

What the Court said:

LOCs were often being issued on the instructions of agencies to prevent the accused from traveling abroad, without adequate or valid justification. This practice causes significant harassment, humiliation and financial burden on the affected individuals.

An LOC results in the suspension or invalidation of an individual’s passport or travel documents, which restricts international travel. This should not be taken lightly, as the Supreme Court has recognised the right to travel abroad as a fundamental right under Article 21 of the Constitution.

LOC orders can be issued by the Originating Agency (OA) only in cases of cognizable offenses under the IPC or other penal laws, where the accused is deliberately evading arrest or is likely to leave the country to avoid arrest.

In other cases, only the Bureau of Immigration (BOI) should issue an LOC to prevent foreign travel when there is a valid basis, such as concerns regarding India's sovereignty, integrity, security, or its friendly relations with foreign countries, under section 10(3)(c) of the Passport Act.

Where the concerned individual has been granted bail, the LOC order should not affect the Court order.

The validity of an LOC will be no more than four weeks initially. Extensions will only be accepted if written reasons are provided.

As per Section 10-A of the Act, an opportunity for a hearing should be provided to the passport holder within eight weeks of the LOC being issued or continued upon the request of the OA. To facilitate this, the OA must send the matter to the Central Government in a timely manner so that the government can conduct the hearing and, if necessary, modify or cancel the LOC order in writing.

If no cognizable offense is involved, the subject of the LOC cannot be detained or prevented from leaving the country. In such cases, the OA can only request to be notified about the subject's arrival or departure.

The OA should review the LOC quarterly, providing written reasons. After the review, if the LOC is no longer required, proposals for its removal should be submitted immediately. The BOI should promptly be informed of the request to remove the LOC.

Once the purpose of the LOC is fulfilled or the subject is arrested, the OA should request the BOI to remove the LOC.

Source: Media Reports