Lookout circular (commonly known as LOC) is a coercive measure to make a person surrender before concerned official for investigation and courts for trial.
As per the Office Memorandum issued by the Ministry of Home Affairs certain authorised officials, authorises, law enforcement agencies, are empowered to open Lookout Circular against a person, who is required for investigation and trial. Loc is generally opened in the instances where, the accused or LOC subject who is deliberately evading summons or arrest or who, did not appear in trial court or where such person fails to appear in court despite a Non-Bailable warrant.
The issuance of Lookout Circulars are governed by the guidelines issued by Ministry of Home Affairs in Office Memorandum bearing No. 25-16/10/2017-Imm (Pt.) dated 22.02.2021, and in the said Office Memorandum, guidelines were stipulated in regard to “Opening of LOCs in respect of the Indian Citizens and Foreigners", so that authorised authority do not open LOC mechanically, but follow the guidelines provided thereunder.
The guidelines were issued in order to curtail or curb the illegal attempts of the authorities from opening LOC in a mechanical manner, and as per the Office Memorandum, LOC may be issued as follows:
o LOC are issued as per directions of any criminal court in India.
o In Cognizable offences under IPC or other penal laws. However, details for opening LOC ought to be provided in Column IV in the enclosed proforma, without which the subject of an LOC will not be arrested.
o In non-cognizable offences under IPC and other penal laws, LOC subject cannot be detained/ arrested or prevented from leaving the country, but originating agency can only request that they are informed about arrival/ departure of the subject, in such cases.
o In exceptional cases, if the departure of such person is detrimental to the sovereignty or security or integrity of India, or is detrimental to the bilateral relations with any country or the strategic or economic interests or if the person is allowed to leave, he may potentially indulge in an act of terrorism or offences against the state, and against larger public interest.
REMEDY:
In case when any authority misuses their power and open LOC without following the directives then the person aggrieved have following remedies:
§ Obtain orders to delete/ quash/ suspend the LOC from the Hon'ble courts;
§ To seek travel permission from the Hon’ble Courts;
§ Approach the authority who issued request for opening LOC and seek for deletion by providing explanation as to how the LOC is wrongly issued, without following due process of law.
Our team of experienced lawyers have experience handling airport detention cases, and representing before concerned authority, who initiate Lookout circulars (“Originators”), and representing before the Courts for recalling of lookout circulars, and for travel permissions.
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