The Punjab and Haryana High Court has held that a Look Out Circular (LOC), which prevents one from travelling abroad, must be supplied to the person at the time of being stopped at the airport and that the reasons should be communicated to the affected party, legal news portal LiveLaw reported.
The Court further stated that the person must be given an opportunity of post-decisional hearing against the LOC. Noting that the Office Memorandum issued by the Ministry of Home Affairs is silent about these requirements, the Court read these safeguards into the OM.
A division bench comprising Justices MS Ramachandra Rao and Harminder Singh Madaan observed, "In our opinion, non-supply of a copy of the LOC to the subject of the LOC at the time the subject is stopped at the airport for travel abroad, non-supply of reasons for issuing LOC, and absence of a post decisional hearing to the subject of the LOC, is not just, fair and reasonable procedure. It is violative of Article 21 of the Constitution of India".
An LOC is issued to make sure that an individual who is absconding or wanted by law enforcement agencies is not able to leave the country. It is mostly used at immigration checkpoints at international airports and seaports by the immigration branch.
In certain cases, the police can approach a court asking for the restriction of a person’s movement outside the country, when that person is a suspect and there is an apprehension that they may not join the investigation at a later stage. The subject of an LOC can challenge the circular and get relief from a court.
An LOC can be initiated by a large number of authorised officers, including an officer not below the rank of deputy secretary, an officer not below the rank of joint secretary in the state government, a district magistrate or superintendent of police, designated officers of various law enforcing and security agencies, a designated officer of Interpol, an officer not below the rank of additional director in the Serious Fraud Investigation Office, and the Ministry of Corporate Affairs.
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