For securing the presence of NRI’s, his family members against whom cases were registered, deliberately avoiding service of summons, notices to watch their entry, departure from the country would be taken up by opening of Look out Circular. This LOC’ s can be issued within local, national and international levels at Airport, Sea port, Train or Bus stations border agencies, across the border within a country, and across the international Border agencies. The request for opening an LOC in respect of an Indian citizen is required to be made to all the Immigration Check Posts (ICP) in the country in a prescribed proforma.
The request for opening of LOC must invariably be issued with the approval of an Officer not below the rank of Deputy Secretary to the Government of India/ Joint Secretary in the State Government/concerned Superintendent of Police at district level. Complete identifying particulars of the person, in respect of whom
the LOC is to be opened, are indicated in the Proforma…
LOC Validity and Extension
An LOC is valid for a period of one year. It can, however, be extended further before the expiry of the one year period. In case no request for extension of LOC is received before expiry of one year period, an LOC will automatically be closed by the Immigration Officer concerned after expiry of one year period.’
The Hon’ble High Court of Delhi in W.P. (Crl.) No. 1315/2008-Sumer Singh Salkan Vs. Asstt. Director & Ors and Crl. Ref.l/2006-Court on its Own Motion Re: State Vs. Gurnek Singh etc., has formulated the circumstances under which, who, how can be opened, maintained and terminated the LOC’s. They are as follows….
a) Recourse to LOC can be taken by investigating agency in cognizable offenses 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.
b) 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. The competent officer alone shall give directions for opening LOC by passing an order in this respect.
c) The person against whom LOC is issued must join investigation by appearing before I.O or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also
be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.
d) LOC is a coercive measure to make a person surrender to the investigating agency or Court of law. The subordinate courts’ jurisdiction in affirming or canceling LOC is commensurate with the jurisdiction of cancellation ofNBWs or affirming NBWs. Basing on which The MHA issued guidelines in respect of opening, maintaining and closing of of LOC’s The said circular is appended as
appendix 2 .
Termination of LOC
In respect of fallowing cases the automatic terminationof LOC after 1 year doesn’t arise.
- a. Ban-entry LOCs issued for watching arrival of wanted persons(which have a specific duration);
- b. loss of passport LOCs( which ordinarily continue till the validity of the document);1
- c. LOCs regarding impounding of passports;
- d. LOCs issued at behest of Courts and Interpol