The Rajasthan High Court has issued detailed guidelines for the issuance of Look Out Circulars (LOCs), emphasizing the need to balance law enforcement objectives with the protection of individuals’ rights. The court observed that arbitrary use of LOCs could lead to misuse and infringe on fundamental rights.
Background:
Look Out Circulars are issued to prevent individuals from leaving the country, usually in cases involving criminal investigations or financial irregularities. The court took up the matter following complaints of LOCs being used as coercive tools against individuals, often without adequate justification or procedural safeguards.
Court’s Rationale:
The Rajasthan High Court stressed that while LOCs are a critical tool for ensuring law enforcement, their issuance must not violate principles of natural justice. The court laid down that:
- LOCs should only be issued when there is concrete evidence of wrongdoing or a pending investigation.
- Individuals must be informed about the issuance of an LOC against them unless it hampers an ongoing investigation.
- LOCs must have a clear validity period and be subject to periodic review.
Existing Measures:
The Ministry of Home Affairs (MHA) has outlined broad guidelines for LOC issuance, but inconsistencies in implementation across states have led to allegations of misuse. Courts have intervened in several cases to quash LOCs issued arbitrarily, underscoring the need for stricter adherence to procedural requirements.
Conclusion:
The Rajasthan High Court’s guidelines aim to standardize the issuance of LOCs while safeguarding individual rights. This decision is expected to bring clarity and accountability to the process, ensuring that LOCs are used appropriately and not as instruments of harassment.