In the Loop: A Concise Introduction to Look-out Circulars
The term “Look-Out Circular” (“LOC”) has not been defined in any statute in India. As discussed by the Hon’ble Calcutta High Court in Manoj Kumar Jain vs. Union of India (WPA No. 22748 of 2022), LOCs are issued where the concerned persons are considered as flight risks, that is, it is apprehended that they will fail to return to India. The originator of a LOC, which is the entity at whose instance the circular is issued, usually takes recourse to pending criminal cases against the person or an ongoing proceeding where the continuous presence of the person is required. The apprehension is that the person concerned cannot be allowed to travel since the person, presumably in search of a safe haven, will not return to India for the logical culmination of the proceedings.
The Hon’ble High Court of Delhi in Sumer Singh Salkan vs. Asstt. Director & Ors. (2010) SCC OnLine Del 2699, held that, the Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC and the competent officer alone shall give directions for opening LOC by passing an order in this respect.
Distinction between offences for detention pursuant to a LOC.
The individual against whom the LOC is opened cannot be detained/arrested or restricted from leaving the country if there is no mention of any cognizable offence under the Indian Penal Code or other penal laws. At most, the originating agency may request to be informed of the LOC subject’s arrival and departure. On the contrary, if the LOC is issued against a criminal proceeding, which discloses commission of a cognizable offence, the said person is detained or restricted from leaving the country.
Course of action for a detainee at the airport pursuant to a LOC.
The usual course of action on the part of the immigration authorities is to hand the detainee to the nearest police station, where the detainee is arrested.
The local police would then hand over the custody of such detainee to the police station/authorities where the subject FIR or proceedings are registered, where the investigating agency is required to produce the detainee before the Judicial Magistrate within a period of 24 hours from the arrest. If the concerned police station/authority is located at a distant place, the local police may present the detainee before the Judicial Magistrate.
Once presented before the Magistrate, the detainee is either remanded to police custody or judicial custody on the basis of a variety of factors including but not limited to the substance of allegations, the investigation already done by the investigating agency, the need for custodial interrogation etc., in accordance with the Code of Criminal Procedure, 1973. Thus, an appropriate application seeking bail after detention becomes extremely essential for securing the personal liberty of the detainee.
Remedies available before detention.
If a person has the knowledge of a LOC issued against them, such person has a remedy to move an appropriate application before the concerned court of law exercising jurisdiction over the police station/investigating agency where the FIR/criminal proceeding is registered or where the trial is pending, seeking a direction to the investigating agency for initiating a request for cancellation of the LOC. It is also noteworthy that the Hon’ble High Court of Delhi in Sumer Singh (Supra) has also observed that the subordinate courts’ jurisdiction in affirming or cancelling LOC is commensurate with the jurisdiction of cancellation of NBWs or affirming
NBWs.
Furthermore, the High Court may also be approached under the writ jurisdiction thereby impugning the arbitrary issuance of the LOC as the same being a coercive step by the State, infringes the fundamental rights of the detainee.
Article by
Anadi Kumar Taylor