Look Out Circulars- meaning
- An LOC is a circular issued by authorities to ensure that a person wanted in a criminal case does not flee the country.
- Normally, an LOC can be issued when a person is absconding in a particular case registered against him, and there is fear he may leave the country.
- In certain cases, the police can also approach a court seeking restriction of a person’s movement outside the country, when that person is a suspect in a case and there is fear he may not joint the investigation at a later stage.
Does an LOC lead to an arrest in all cases?
- No. LOCs can be of different types.
- The Action under various LOCs include-
- Informing the government that the person against whom the LOC has been issued is leaving the country,
- Seizing their travel documents and sending it to the agency,
- Preventing the person from entering the country,
- Informing investigating agencies.
- The highest level of LOC involves handing over the person to the local police which generally leads to an arrest.
Background-
- There is no law passed by Parliament which prescribes the power to issue LOCs.
- Union Ministry of Home Affairs issued Circular in 1979, 2000 and 2010, which provided power to issue such LOCs
Who can issue an LOC?
- The request for opening an LOC against an individual must be approved by an officer not below the rank of Deputy Secretary to the Government of India or Joint Secretary to the State government or a Superintendent of Police at the district level.
- Authorities which could issue LOCs included the Ministry of External Affairs, the Customs and Income Tax Departments, Serious Fraud Investigation Office, Directorate of Revenue Intelligence, Central Bureau of Investigation, Interpol, Regional Passport Officers and police authorities.
In Sumer Singh Salkan v. Asst. Director and Others, the Delhi High Court issued guidelines-
- Can be issued by the investigating agency where the accused was deliberately evading arrest or not appearing in the trial court despite non-bailable warrants, and if there was a likelihood of the accused leaving the country to evade trial/arrest.
- The Investigating Officer (IO) shall make a written request for the LOC to the officer as notified by the MHA circular, giving details and reasons for seeking the LOC.
- The person against whom an LOC is issued must join the investigation by appearing before the IO, should surrender before the court concerned or should satisfy the court that the LOC was wrongly issued against him. He may also approach the officer who ordered the issuance of the LOC and explain why it was wrongly issued
- An LOC can be withdrawn by the authority that issued it and can also be rescinded by the trial court before which the case against the accused is pending or having jurisdiction over the concerned police station on an application by the person concerned.
LOC curtails right to personal liberty
- In Vikas Chaudhary v. Union of India, the Delhi High Court came down heavily on the CBI for issuing an LOC against a man who earned his livelihood by exporting garments to foreign countries.
- The Court said that LOC does not only curtail his right to personal liberty but also his right to livelihood, as enshrined in Article 21 the Constitution of India.
Issued in hot haste-
- In Karti P Chidambaram v. Bureau of Immigration, the Madras High Court while quashing it, the Court said that the said LOC was issued in “hot haste” and conditions for issuance of LOC were absent.
Non-supply of LOC copy at airport violative of Article 21-
- In Noor Paul v. Union of India, the Punjab & Haryana High Court held that not supplying a copy of the LOC to the concerned person at the airport is violative of Article 21 of the Constitution, which safeguards the right to life and personal liberty.
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