Look out circular.
D G Raghunath
(Querist) 12 October 2017
This query is : Resolved
Indian has Look out circular even though he went to USA. Now he filed Writ Petition to remove LOC, Is possible to remove LOC that High Court?
Ms.Usha Kapoor
(Expert) 13 October 2017
Greenpeace activist case: In Aug 2010, court laid down norms for look-out circulars
Abhinav Garg | TNN | Jan 14, 2015, 05.13 AM IST
NEW DELHI: Five years ago, the Delhi High Court laid down clear guidelines under which a look-out circular (LOC) could be issued and a person "offloaded" by authorized government agencies.
The move to stop Greenpeace activist Priya Pillai at Delhi airport has brought into focus one HC order of 2010, where incidentally, the court awarded Rs 40,000 as compensation to a passenger who was offloaded on the basis of a complaint by the National Commission for Women (NCW) over a matrimonial dispute. It had also asked Home Ministry to revise norms on issuing LOC.
The government on Tuesday cited this order by Justice S Muralidhar to point out that as per new circular issued by MHA in 2010, an officer in the rank of Assistant Director in the IB is authorized to issue look out circular for any individual on the basis of inputs received against the person.
However, the authorities seem unaware of another verdict by Justice S N Dhingra delivered barely a month later in August 2010, where he specified circumstances under which an LOC can be issued.
"Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest," Justice Dhingra held.
He further made it clear that the "IO shall make a written request for LOC to the officer as notified by the circular of MHA Home Affairs, giving details & reasons for seeking LOC."
While Justice Muralidhar said that quasi judicial bodies such as NCW did not have the jurisdiction to issue LOC, the later verdict by Justice Dhingra came in answer to a reference sent by trial court seeking comprehensive guidelines on issuing of LOC.
The court had then highlighted that the "power to suspend, even temporarily, a passport of a citizen, the power to issue an LOC, the power to ,off-load? a passenger and prevent him or her from travelling are all extraordinary powers, vested in the criminal law enforcement agencies by the statutory law and must be exercised with caution."
On its part the MHA by way of an affidavit stated that there was no legal definition of LOC. It interpreted LOC as a communication received from an authorized government agency with reference to a person who is wanted by that agency for fulfillment of a legal requirement, to secure arrest of a person evading arrest, to nab a Proclaimed Offenders so as to facilitate court proceedings by securing presence of under trial.
IN view of the foregoing If the person against whom a Look Out circular was issued convinces the Highcourt that he is wrongly issued LOC and he is innocent of the crimes or offences alleged to have been committed by him and he would be ready and available to the court as and when his presence is required the Highchair may remove the LOC circular against him.
Rajendra K Goyal
(Expert) 13 October 2017
State material facts of the problem if any.
How are you concerned / related with the query?
If real case, full case file need to be referred, discuss with some senior lawyer.
Dr J C Vashista
(Expert) 18 October 2017
I agree with expert Mr. Rajendra K Goyal.
Even I could not follow the query as well as explanatory response of "some" impersonating expert.
Consult a local prudent lawyer.
Guest
(Expert) 18 October 2017
Well explained and advised by Expert Ms.Usha Kapoor
Guest
(Expert) 18 October 2017
"Impersonate Meaning "Pretend to be ( another person) for entertainment or Fraud"
Guest
(Expert) 18 October 2017
Here MR.JC Vashista had posted a damaging comment about Ms.Usha Kapoor
Guest
(Expert) 18 October 2017
Mr.Vashista could have contradicted her with some valuable justification than posting an insulting comments
Guest
(Expert) 18 October 2017
The Reply of Ms.Usha Kapoor precisely suits the Query with good citation also
Guest
(Expert) 18 October 2017
MR JC Vashista would you justify how and in what way she is impersonating Please
Rajendra K Goyal
(Expert) 18 October 2017
In which capacity expert is asking justification.
If as querist post the question as query.
The querist may ask justification / guidance not an expert.
If as expert, send PM to expert / admin.
Guest
(Expert) 18 October 2017
Expert Mr.Rajendra K Goyal had asked the Clarifications in query which are justifiable
Rajendra K Goyal
(Expert) 18 October 2017
Please try to maintain decorum.
Try to contribute if you can.
Guest
(Expert) 18 October 2017
Mr Rajendra K Goyal I appreciate your wise decision of respecting the Seniors as a most Junior
Guest
(Expert) 18 October 2017
Mr Vashista had commented on an Expert that too on a Lady with damaging words of " Impersonating"
Guest
(Expert) 18 October 2017
Mr.RK Goyal Ji you also agree with such damaging insulting comments towards a Lady Expert ?
Guest
(Expert) 18 October 2017
Certainly such things would never be tolerated even if Mr RK Goyal does/agree the same
Guest
(Expert) 18 October 2017
Mr RK Goyal in what capacity Mr Vashista is commenting on Lady Expert ?
Rajendra K Goyal
(Expert) 18 October 2017
Some experts are in the habit of posting cheap comment on experts. They should not take pain to send message for feeling sorry and regret to me at least.
Guest
(Expert) 18 October 2017
Mr R K Goyal in what capacity you are threatening me ?
Rajendra K Goyal
(Expert) 18 October 2017
It would be better if the expert would have posted / contributed for the thread rather to go on posting just to satisfy his ego / irritation / frustration.
Forum would not gain anything from comments by experts on other experts / contributors.
Rajendra K Goyal
(Expert) 18 October 2017
I do not like any comment on other experts, if I differ any point I do so with proper respect and honor.
Guest
(Expert) 18 October 2017
Who ever it is or what ever it is "Abusing a Woman on Social Media is a Crime under IPC Sec509 which entitles them for Fine and Imprisonment for 3 years"
Guest
(Expert) 18 October 2017
So Obviously Mr RK Goyal would threaten only VIPs is it
Guest
(Expert) 18 October 2017
Please prolong Mr Goyal Let us increase our points please in Your Style
Guest
(Expert) 18 October 2017
Posting damaging comments on Experts/Querist that too on Women will not be tolerated here
Guest
(Expert) 18 October 2017
Mr RK Goyal Status of Education doesn't give any License to Abuse Women Please
Guest
(Expert) 18 October 2017
Wishing Mr JC Vashista and Mr RK Goyal A Blissful ,Prosperous and Pleasant Diwali
