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TMI Blog2022 (3) TMI 1488X X X X Extracts X X X X X X X X Extracts X X X X ..... tigation, even after the elapse of three years, is stated to reveal only prima facie materials and no concrete evidences are stated to have been found been found to implicate the petitioner or frame charges. Admittedly, however there are no proceedings against the petitioner so as to implicate him before the Criminal Court or in any other fora to justify the restrictions under which he has been placed - Admittedly, there have been no instances when the petitioner has evaded summons/notices calling for his attendance/appearance. The Central Bureau of Investigation (CBI) has confirmed that there are no investigations that are ongoing in the case of the petitioner, though reserving their right to initiate appropriate action at an appropriate juncture in future. No material is placed before the Court in support of the bald assertion that the petitioner is a flight risk and as a consequence there is no tangible material available, admittedly, to deny the petitioner of his Fundamental Right. The petitioner s challenge to the LOC dated 09.12.2020 is liable to be accepted. Even assuming that the same has been extended for which no materials are placed before the Court, the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 43 of 2019 dated 06.11.2019. 6. He draws attention to a counter filed by the Deputy Superintendent of Police, Central Bureau of Investigation/R6 confirming that CBI, BSFB, Bangalore has registered three cases against the Surana Group and the petitioner is not arrayed as an accused in any one of the three. The CBI also confirms that the LOC, aggrieved by which the petitioner is before this Court, has not been issued at their instance, the cases as aforesaid are under investigation, and as and when evidence against the petitioner surfaces, if at all, appropriate legal action would be initiated. 7. Thus the petitioner would argue that there is no justification whatsoever for curtailing the fundamental right of the petitioner and his family to travel. The emergent requirement to travel is on account of the medical treatment of his wife. This Court, taking note of the aforesaid circumstances, had permitted the petitioner to travel with wife pending writ petition, however ensuring that the children were left behind with the family in Madras. 8. Even this condition, the petitioner would urge, is not to be countenanced, since the very restriction as imposed is illegal and has no b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th August, 2021 CORRIGENDUM Subject:- Consolidated Guidelines for issuance of Look out Circular (LOC) in respect of Indian Citizens and foreigners. Reference this Ministry s OM of even number dated 22nd February 2021, Para 4 under the heading Relevant Information And Instructions of Proforma for issuance of LOC may be read as :- The LOC opened shall remain in force until and unless a deletion request is received by BoI fromthe originator itself. NO LOC shall be deleted automatically Originating agency must keep reviewing the LOC s opened at its behest on quarterly and annual basis and submit the proposals to delete the LOC, if any, immediately after such a review. The BoI should contact the LOC Originators through normal channels as well as through the online portal. In all cases where the person against whom LOC has been opened is no longer wanted by the Originating Agency or by Competent Court, the LOC deletion request must be conveyed to BoI immediately so that liberty of the individual is not jeopardized. 2. This issues with the approval of the Competent Authority. Sd/- (Vinod Kumar T.A) Under Secretary (Imm) 14. The LOC in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by various law enforcement/government agencies. 2. It is humbly submitted that the Hon ble High Court may diret the government agency under whom an enquiry/investigation may be pending against the petitioner to take a call in this matter. The LOC is still existing. The LOCs are deleted only when the originator send letters for delition. The Hon ble High Court may be informed accordingly for the dismissal of the case. Your sincerely Sd/.. FRRO/Chennai 18. It is thus clear to my mind that no sanction/approval has been received from the competent authority in the SFIO as on the date when the aforesaid letter has been sent, on which date the LOC in question has already expired. No such LOC is produced till the final date of hearing of the matter, which is 01.03.2022, Corrigendum dated 10.08.2021 is an enabling measure to ensure that in cases where an extension of LOC is required, a methodology is available to facilitate such extension. 19. However, the specific caveat under the corrigendum is that there should be an exchange of communication between the originating entity, the SFIO and the BOI on a periodic basis leading to the extension of the LOC. For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Out Circulars (LOC) in respect of Indian citizens and foreigners is illuminating. The relevant paragraphs read as follows: OFFICE MEMORANDUM Subject: Issuance of Look Out Circulars (LOC) in respect of Indian citizens and foreigners Under the existing practice, the issuance of LOCs is governed by this Ministry's letter number 25022/13/78-F.I dated 5.9.1979 and OM number 25022/20/98- F.IV dated 27.12.2000. 2. It has, inter-alia, been stated in the letter dated 5.9.1979 of MHA that apart from the Govern India in the Ministry of Home Affairs, circulars are issued by various authorities for keeping a watch on arrival/departure of Indians and foreigners. These authorities include the Ministry of External Affairs, the Customs and Income Tax Departments, Directorate of Revenue intelligence, Central Bureau of Investigation, Interpol, Regional Passport Officers, Police authorities in various States, etc.' It has further been stated that 'unless otherwise specified in the warning circular itself, the circulars issued by any of the various authorities specified above will be regarded as invalid if it is more than one year old and the card will be weed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught before it and under what circumstances the subordinate courts can intervene? 7. The High Court has answered these questions in its judgement dated 11.8.2010 which are reproduced below for guidance of all concerned agencies: a) Recourse to LOC can be taken by investigating agency in cognizable offences 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.2022, and in the affidavit filed by R1, dated 23.02.2022, they only state that the investigation is at an advanced stage and that substantial materials are available to implicate the petitioner in various economic alleged offences. 27. A report has been filed by R1 on 17.0.2022 under the heading Role of Rahul Dinesh Surana in the case under investigation, setting out the details of various economic irregularities under investigation. The report concludes stating at para 39 that the investigation is in a crucial stage and that it is reasonably apprehended that the applicant would not return to the country and might attempt to evade the process of law, more so as investigation prima facie finds siphoning of large extent of funds to foreign entities. 28. The investigation, even after the elapse of three years, is stated to reveal only prima facie materials and no concrete evidences are stated to have been found been found to implicate the petitioner or frame charges. Admittedly, however there are no proceedings against the petitioner so as to implicate him before the Criminal Court or in any other fora to justify the restrictions under which he has been placed. 29. Admi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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