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TMI Blog2010 (7) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... - 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. These are powers that are required under the law, to be exercised with caution and only by the authorities who are empowered by law to do so and then again only for valid reasons. As regards the illegal detention suffered by the Petitioner No. 1 on 8th April 2008 at the instance of both the NCW as well as the FRRO, this Court directs that the FRRO as well as the NCW will each pay the Petitioner No.1 a sum of ₹ 20,000/- by way of compensation within a period of four weeks from today. The Respondent No. 1 will, if not already done, within two weeks, make the necessary endorsement on the passport of Petitioner No. 1 expunging the earlier endorsement off-loaded (criminal complaint) . In the circumstances, this Court does not consider it necessary to examine the other prayer of the Petitioners that a further detailed investigation should be undertaken to fix responsibility on those who may have been responsible f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the directions issued on 16th April 2008 by the Court of the Additional Sessions Judge, who granted the Petitioners anticipatory bail conditional upon their not leaving the country, the LOC was withdrawn on 22nd April 2008. 3. In the circumstances, the present petition was filed on 10 th July 2009 praying for the following reliefs: (a) Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order thereby directing the Respondent No. 1 to expunge the endorsement off loaded (criminal complaint) on the Passport of the Petitioner No. 1; (b) To direct an enquiry or investigation into the illegal, wrongful and malafide conduct of the officials of the CAW, NCW, FRRO and DCW and Respondents No. 8 to 10 and to ascertain and fix the responsibility and liability and punish the wrondoers found guilty; (c) To grant compensation to the Petitioners in a sum of ₹ 50 lakhs, or as deemed fit in the facts and circumstances of the case to be paid by the Respondents jointly and severally; (d) Award costs to the Petitioners; and (e) Any other/further relief this Hon‟ble Court may deem fit an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that such LOCs are issued to check the arrival/departure of foreigners and Indians whose arrival/departure has been banned by the concerned authorities . The concerned authorities are stated to include the Ministry of Home Affairs, the Customs and Income Tax Department, Directorate of Revenue Intelligence, Central Bureau of Investigation, Interol, Regional Passport Officers, Police Authorities in various States etc. 5. On instructions from SI Sanjeev attached to the FRRO, counsel for the FRRO submits that there is no further amendment to the aforementioned circular dated 5th September 1979. It is, therefore, not clear on what basis the FRRO could have simply acted on a letter from the NCW and issued the LOC in the instant case. It prima facie appears that tribunals and commissions which exercise only powers of the civil court were not intended to be included in the list of concerned authorities which the above circular dated 5th September 1979 talks of. However, without further clarifications from the MHA on this aspect it will not be possible for this Court to take a final view on the legality of the action of the NCW in the instant case. 6. Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1), Section 441 read with Explanation to Section-446. A comprehensive legal mandate has been provided in the procedural law of the country to cover the stage of both investigation as well as trial respectively in the realm of criminal jurisprudence. Practically, LOC is interpreted as a communication received from an authorised Govt. agency with reference to a person who is wanted by that agency for fulfillment of a legal requirement, to secure arrest of person evading arrest, to nab proclaimed offender, to facilitate court proceeding by securing presence of under trials who are on bail. LOC is opened at the instance of a competent authority authorized to do so only after examining the fact that the person concerned is either a wanted or a suspect. 7. Reference is then made to the background in which specific amendments were made to the Passports Act 1967 on 23rd October 2001 introducing Sections 10A and 10B. Section 10A gives power to a designated officer to suspend a passport or order a passport to be invalid for four weeks. It may be extended till proceedings under Section 10 are concluded. Section 10B states that every intimation given by the Central Government o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority on whose request an LOC can be issued. 11. The other affidavit filed by Mr. Mangesh Kashyap, Deputy Commissioner of Police, Headquarters, Delhi dated 13th July 2010 refers to the factual details in the present case. It appears that it was only after an FIR was registered on 11th April 2008 that the DCP sent a formal request in the prescribed format on 15th April 2008. Therefore, on 8th April 2008 when the Petitioner No. 1 was detained at the airport, there was no request by the Delhi Police for issuance of an LOC. Clearly it is only on the basis of the LOC request made by the NCW, which was made without any authority of law, that the Petitioner No. 1 was off-loaded and detained. 12. Although this Court had in its order dated 5th May 2010 required the Delhi Police to deal with the contentions of the Petitioners that for no apparent reason their case was transferred from the Crime Against Women Cell (CAW Cell) to the Anti- Extortion Cell , the response on this aspect is not satisfactory. The affidavit only states that since the complainant expressed dissatisfaction over the conduct of the investigation by the CAW Cell, Nanakpura and non-recovery of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the issuance of an LOC. 15. This Court is, therefore, of the view that action of the NCW in writing to the DCP, FRRO for the issuance of an LOC against the Petitioner No. 1 was without the authority of law. The consequent action of the FRRO in issuing such LOC which resulted in the Petitioner No.1 being detained at the IGI airport on 8th April 2008 was also, therefore, illegal. 16. The question now is only for consequential relief that should be granted. 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. These are powers that are required under the law, to be exercised with caution and only by the authorities who are empowered by law to do so and then again only for valid reasons. Recently, in Suresh Nanda v. Union of India 2010 IV AD (Del) 53, this Court, after referring to the judgment of the Supreme Court in Maneka Gandhi v. Union of India (1978) 1 SCC 248, observed: 35. ...There has to be application of mind by the authority to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... monetary compensation. We consider this an appropriate case. 18. Therefore, as regards the illegal detention suffered by the Petitioner No. 1 on 8th April 2008 at the instance of both the NCW as well as the FRRO, this Court directs that the FRRO as well as the NCW will each pay the Petitioner No.1 a sum of ₹ 20,000/- by way of compensation within a period of four weeks from today. The Respondent No. 1 will, if not already done, within two weeks, make the necessary endorsement on the passport of Petitioner No. 1 expunging the earlier endorsement off-loaded (criminal complaint) . In the circumstances, this Court does not consider it necessary to examine the other prayer of the Petitioners that a further detailed investigation should be undertaken to fix responsibility on those who may have been responsible for the issuance of the LOC. 19. Mr. Nanda, learned counsel appearing for Respondent No. 1 submitted that in order to ensure that such incidents do not recur, this Court should direct that further instructions/circulars should be issued clarifying the correct legal position. This Court finds that there are a large number of statutory commissions at th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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