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TMI Blog2013 (10) TMI 1429X X X X Extracts X X X X X X X X Extracts X X X X ..... en issued, if lands in an Indian Airport, he will be apprehended. There will be difficulty for him to land in a foreign country also as he will not allowed to enter the country from the Airport. Petitioners are facing criminal prosecutions. They are granted bail/anticipatory bail. They are holders of valid Indian Passports. They have strong roots in the society. They are business people. They need to travel abroad often. So far there is no valid restriction on their movement by any Court order or Ministry of Home Affairs or External Affairs. They are not stated be involved in any heinous crimes. They are not terrorists. Nor anti-social elements. There is no allegation that they have absconded. Thus, they cannot be brought under any one of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is pending. They have filed Crl.O.P.No.22742 of 2013 in this Court to quash the said criminal proceedings. It is pending. 4. Petitioners are holders of Indian Passports. During the investigation stage, L.O.C. order has been issued by the 1st respondent as against the petitioners. 5. Subsequently, first petitioner has been granted bail by this Court in Crl.O.P.No.29309 of 2013 on 04.12.2012, while other petitioners were granted Anticipatory Bail in Crl.O.P.No.27500 of 2012 and 27499 of 2012 on 08.04.2013. 6. The learned counsel for the petitioners submitted that in view of the L.O.C. order, Indian as well as foreign Airports Authorities are not allowing the petitioners to land their airports. The learned counsel for the petitioner further su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ION OF INDIA[AIR 1978 SC 597], the Hon'ble Supreme Court upheld the constitutional right of persons to go abroad. The phrase no one shall be deprived of his life and liberty except procedure established by law employed in Article 21, had deep and pervasive effect on fundamental right and human right. MENAKA GANTHI (supra) ushered a new era in the annals of Indian Human Rights Law. It had gone ahead of American concept of 'Due Process of Law'. 10. But, the fundamental right to move anywhere including foreign countries could be regulated. Where persons involved in criminal cases are wanted for investigation, for court cases, persons, who are anti-social elements their movements can be regulated. Need may arose to apprehend persons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sons to be arrested. ii) Persons not to be allowed to land in our country(Ban entry). iii) Persons not to be allowed to leave our country(Ban exit). iv) Persons whose movements are to be watched and reported. 17Q: What are the parameters to be included in LOC. Ans: i)Name in full and alias if any. ii)Passport Number issuing office iii)Nationality iv)Date of birth v)Place of Birth vi)Parentage vii)Address with photograph 18Q.What are the various types of persons who can be included in the LOC? Ans: i) Persons with Terrorist or Militant Links, ii) Belligerent Foreigners. Iii) Foreigners previously noticed for violations of visa conditions. iv) Persons required by courts in criminal / civil cases who are absconding. v) Absconding Offenders wan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... UMUGARAJA Vs. DEPUTY COMMISSIONER OF POLICE, ADYAR, CHENNAI AND ANOTHER), dated 21.04.2010, in Crl.O.P.No.21441 of 2010 (A.ARUMUGARAJA Vs. DEPUTY COMMISSIONER OF POLICE, ADYAR, CHENNAI AND ANOTHER), dated 23.09.2010 and in Crl.O.P.No.30704 of 2012 (R.VISWANATHAN Vs. DEPUTY COMMISSIONER OF POLICE KILPAUK, CHENNAI), dated 04.01.2013 in certain matrimonial matters enabling persons to go abroad, this Court directed lifting of L.O.C. orders. 15. In the facts and circumstances of this case and due to the subsequent developments, so far as the petitioners are concerned, L.O.C. orders becomes irrelevant. 16. In view of the foregoings, the 1st respondent, namely, the Deputy Commissioner of Police, Ambattur Range, Chennai is directed to withdraw the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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