Nov 29, 2024 04:31 PM IST
The court said originating agencies can issue lookout circulars only in cognisable offences or under other penal laws when an accused is deliberately evading arrest or not appearing in court
The Rajasthan high court has issued guidelines to ensure lookout circulars, which effectively suspend or invalidate a person’s passport or travel documents, are used judiciously and only when legally warranted, underlining they should be issued or continued with due consideration. A Justice Arun Monga-led bench said the right to travel abroad is a fundamental right as per the Constitution’s Article 21.
The court on Monday issued the guidelines in a petition of Sri Ganganagar resident Abhayjeet Singh with a lookout circular issued against him in connection with a matrimonial dispute. The Bureau of Immigration (BOI) issued the circular on a police superintendent’s request. The circular remained in effect even as Singh’s parents were discharged in the case in 2016 and the trial against him was stayed in 2017.
The court said that the circular’s continuation infringed upon Singh’s right to travel but refrained from quashing it for technical reasons since the BOI was not a party to the proceedings. The court directed the police superintendent to instruct the BOI to withdraw the circular within 30 days of Singh presenting the court’s order.
The court said an originating agency (OA) can issue lookout circulars only in cognisable offences or under other penal laws when the accused is deliberately evading arrest or not appearing in trial court despite non-bailable warrants and other coercive measures, and there is a likelihood of the accused leaving the country. It equated the situation to the issuance of non-bailable warrants under magisterial powers, with the distinction that the Union home ministry has empowered the BOI to detain or restrain a person from travelling abroad, but not to arrest, in such circumstances.
The court said an OA must record reasons and grounds for its satisfaction that a passport is likely to be impounded or revoked under the Passports Act while deciding to instruct the BOI to open or issue a lookout circular. It added these reasons must pertain to the interests of sovereignty, integrity, or security of India, friendly relations with a foreign country, or general public interest.
“In cases where the person in question has been granted bail, the order for issuance of an LOC [lookout circular] must not conflict with or override the terms and conditions of the bail or overreach an order passed by the court.” It added once an investigation is completed and a report is submitted, OA must report any lookout circular issued or continued in writing to the concerned court to ensure propriety and prevent misuse.
The court said any circular must have an initial validity period not exceeding four weeks. Extensions can only be granted if deemed necessary and supported by written reasons. The affected individual must be allowed to be heard within eight weeks of the lookout notice’s issuance as the Passports Act, the court said. The OA must refer the matter to the Central government promptly allowing it to provide a hearing and decide whether to modify or revoke the lookout notice, it added.
“If no cognisable offence is involved, the holder of the passport cannot be detained or prevented from leaving the country. In such cases, the OA can only request to be notified of the subject’s arrival or departure. The originating agency must review LOCs quarterly, documenting the reasons for continuation in writing. If the LOC is no longer required, proposals for deletion must be submitted immediately and conveyed to the BOI to avoid unnecessary infringement of individual liberties,” the court said.
It said the OA must send a deletion request to the BOI as soon as the purpose of the lookout notice is fulfilled or the subject is arrested. The court said each originating agency in every district must appoint a nodal officer to ensure effective communication and updates with the BOI, and home affairs ministry. It directed Rajasthan’s home secretary and police chief to take appropriate steps to sensitise the OAs and convey these guidelines to them for compliance.
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