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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 ..... h 2008 they went to the office of the NCW on 1 st April 2008 where, they allege, they were spoken to rudely by Respondent No.8. On 8th April 2008, as Petitioner No.1 was on his way to Dubai, he was "off-loaded‟ at the IGI Airport, and detained by the officials of the Foreigners Regional Registration Office ('FRRO'). The Petitioners allege that this was done at the instance of Respondent No.8 who wrote a letter to the DCP, FRRO who then issued a Look-out Circular ('LOC') on the basis of which Petitioner No.1 was 'off -loaded' and detained at the IGI Airport on 8th April 2008. It is alleged that Petitioner No.1 was "made to stand in solitary confinement in a toilet, causing untold harassment, humiliation and infringement of his fundamental rights guaranteed under the Constitution of India. His passport was stamped with the remarks 'Off loaded-deported due to criminal complaint' albeit there was no criminal case pending against him nor any FIR was registered. He was released only after intervention by his solicitor." 2. At the time that an LOC was issued against the Petitioner No. 1 at the instance of the NCW, no FIR had been registered. That was done on 11th August 2008. The D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NCW under Section 10 (4) of the National Commission for Women Act 1990. That provision reads as under: "10 (4). The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (f) of sub-section (1), have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed." 3. The question that arises is whether while exercising the power of a civil court the NCW could ask for an LOC to be issued against a person who is to appear before it. 4. In its counter affidavit the FRRO has placed reliance upon a circular dated 5th September 1979 issued by the Ministry of Home Affairs (MHA) which states that such LOCs are issued to check the arrival/departure of foreigners and Indians "whose arri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... request for issuance of the LOCs against the Petitioners which was thereafter withdrawn within a few days. The affidavit to be filed by the Delhi Police will deal with the contention 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. 9. List on 20th July 2010. A copy of this order be sent to the Secretary, Ministry of Home Affairs and the Commissioner of Police within five days. 10. A copy of this order be given dasti to the learned counsel for the parties." 5. Pursuant to the above order, two affidavits were filed, one by the Delhi Police dated 13th July 2010 and the other by the Ministry of Home Affairs ('MHA') dated 16th July 2010. 6. In the affidavit filed by the MHA it is stated that there is no legal definition of an LOC. It is then stated: "yet, it has a definite statutory legal backing in the form of already enshrined enabling provisions in the Cr.P.C. such as Section-37 read with Section 41(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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 there is a specific proforma in which a request must be made for opening of an LOC and this should 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." A copy of the Office Memorandum dated 27th December 2000 enclosing proforma for request for opening an LOC has also been enclosed. 10. Since the above affidavit of the MHA did not categorically state whether statutory bodies like NCW can make a request for opening an LOC, the MHA was asked at the hearing on 20 th July 2010 to clarify its stand. Today, learned counsel for the Respondents informs the Court that as of today there is no further amendment to the existing instructions. The legal position is that statutory bodies like NCW cannot make a request for the issuance of an LOC. Apart from the Central Government and the State Government, there is no other 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lier order of this Court, it is stated that the LOC came to be opened only on the request of the NCW. Clearly, neither the NCW nor the FRRO was aware of the correct legal position as explained in the affidavit of the MHA. A request for the issuance of an LOC could not have emanated from the NCW. It had to come from either the Central or the State Government and that too only in the prescribed form and then again only by the officers of a certain rank. In this context, while criminal courts dealing with cases of criminal law enforcement can issue directions, which may result in the issuance of an LOC, there is no such power vested either under the Cr. P.C. or the Passports Act or under the MHA‟s circular, in statutory bodies like the NCW. Being granted the powers of a civil court for a limited purpose does not vest the NCW with the powers of a criminal court and it has no authority as of today to make a request for 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 whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... now before us. We have no doubt that the constitutional rights of Shri Bhim Singh were violated with impunity. Since he is now not in detention, there is no need to make any order to set him at liberty, but suitably and adequately compensated, he must be. That we have the right to award monetary compensation by way of exemplary costs or otherwise is now established by the decisions of this court in Rudul Sah v. State of Bihar (1983) 3 SCR 508 and Sebestian M. Hongray v. Union of India AIR 1984 SC 1026. When a person comes to us with the complaint that he has been arrested and imprisoned with mischievous or malicious intent and that his constitutional and legal rights were invaded, the mischief or malice and the invasion may not be washed away or wished away by his being set free. In appropriate cases we have the jurisdiction to compensate the victim by awarding suitable 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 Rs. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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