Advocate Aniket Ojha, KIIT Law School
ABSTRACT
Hon’ble Supreme court in the case of Maneka Gandhi versus Union of India had held that the “Right to travel abroad” is a fundamental right vested upon the citizens by the Constitution of India and had stated that an individual cannot be denied of his right unless there is a law allowing the state to do so and such law should be fair, just and reasonable. But, A Look Out Circular, or 'LOC' as it is informally known, is an administrative instrument that allows the issuing authority (Originating Agency) the ability to restrict the individual’s international travel.
While Look Out Circulars(“LOC”) are an efficient administrative tool for apprehending offenders attempting to escape the country, they have been ruled to violate Article 21 of the Constitution of India if due process is not followed or if a request for issuance of LOC is filed by an authority, empowered by the Ministry of Home Affairs, lacks validity.
It has been observed in several cases in the past few years that Issuance of LOCs by Public Sector Banks have been held to be arbitrary and in violation of an individual’s Fundamental Right whereby the request to issue an LOC is aimed towards recovery of bank dues and not towards any grave charge against the accused.
This article aims to highlight the origins of Look Out Circulars and address the rising concerns of their misuse by authorized officials.
Keywords: Look Out Circular, LOC, Recovery, Administrative, Authorizing, Misuse, Office Memorandum, Issuance, Closure, PSBs, Bureau of Immigration.
Comments