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When Can A Citizen's Right To Travel Abroad Be Restricted - Explained With Judgments
When Can A Citizen's Right To Travel Abroad Be Restricted - Explained With Judgments
When Can A Citizen's Right To Travel Abroad Be Restricted - Explained With Judgments
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11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
was again stopped from travelling to New York. She was on her way to the
a tweet, she said she was holding a valid US visa and travel ticket.
The 28-year-old was also stopped from travelling to the US in July. Since
March this year, journalist Rana Ayyub was also stopped by the immigration
Amnesty International India, Aakar Patel too was stopped from leaving India
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11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
Interpretations
connection with the pending cases against them and they subsequently got
relief from the courts in Delhi, it is not clear whether Mattoo has any pending
Live Law explains the guidelines which govern the issuance of Look Out
Circulars, that are employed to prevent a person from travelling abroad, and
Also Read - Explained| Kerala Human Sacrifice : Which States Have Laws
Article 21
constitution. The Supreme Court in April 2019 said, "The right to travel
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11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
The 1967 Act provides for issuance of passports and travel documents.
Under Section 10A of the Act, the passport or travel documents can be
suspended in certain cases by the central government "in the interests of the
India with any foreign country, or in the interests of the general public". The
Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
The Centre in 1979 issued guidelines for issuance of look out circulars in
respect of the arrival and departure of people whose travel the investigating
India and Sumer Singh Salkan versus Asstt. Director & Ors. While there have
been many modifications in the guidelines since then, they were reviewed
receiving a request from the competent authority, who are senior officers in
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11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
a superintendent of the police can also get an LOC issued. The criminal
courts can also order issuance of LOC. The legal liability of the action taken
'reason for opening LOC' must invariably be provided without which the
offence under IPC and other penal laws, the LOC subject cannot be detained
originating agency can only request that they be informed about the arrival or
https://www.livelaw.in/know-the-law/explained-right-to-travel-vs-look-out-circulars-212072 5/21
11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
However, the guidelines also state that LOCs can be issued and departure
can be declined even in such cases which may not be covered under the
the bilateral relations with any country or to the strategic and/or economic
indulge in an act of terrorism, or offences against the State and/or that such
departure ought not be permitted in the larger public interest at any given
point of time."
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11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
Till subsistence of the LOC, the immigration authorities are bound to stop the
persons against whom it has been issued. "The LOC opened shall remain in
force until and unless a deletion request is received by BoI from the
The Originator is required keep reviewing the LoCs on quarterly and annual
basis and thereafter immediately submit any proposal for deletion to the BoI.
Courts on LOCs
whose family members are accused in a case being probed by the Central
cognizable under the Indian Penal Code or other Statutes, the citizen can
neither be detained, arrested or prevented from leaving the country and the
originating agency can only seek intimation of his arrival and/or departure."
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11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
Justice Mukta Gupta in the order observed that when it comes to 'LOC of
arrival "cannot restrain or detain the person on the pretext that intimation of
The court made the observations after interpreting the guidelines or Office
Memorandum dated 27th October, 2010 of the MHA. However, the OM issued
in February 2021 makes it clear that departure of a person from India can be
Punjab and Haryana High Court on April 5 said the guidelines do not provide
for supply of the LOC to the person against whom it has been issued. The
hearing to the subject of the LOC, is not just, fair and reasonable procedure,
of India.
"It may be that before issuing the LOC the respondent [authorities] may not
wish to issue a prior notice to the subject of the LOC like the petitioner
because there is every possibility that, after receiving such notice, the subject
the LOC, and the reasons for issuing it so that the subject of the LOC can
https://www.livelaw.in/know-the-law/explained-right-to-travel-vs-look-out-circulars-212072 8/21
11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
statutory sanction for issuance of LOC can be traced to Section 10A and 10B
of the Passports Act. The object for issuance of LOC is to ensure that the
subject of LOC becomes available for interrogation, trial or any inquiry, it said.
subject of the LOC prior to issuance of LOC. However, it added: "At the time
when he is stopped and handed over to the originator, he is, in the considered
view of this Court, entitled to know why his travel is being stopped with a
On January 12, Justice Rekha Palli of Delhi High Court rejected the Centre's
argument that a writ court under Article 226 of the Constitution of India
should not review the decision to issue LOC. "In fact, in case it is found that
factors, the Court can, and in fact, should come to the rescue of the
The court also said, "the issuance of a LOC is an extremely severe step and
the authorities must tread with caution. Once this Clause itself is meant to be
Relying on Delhi High Court's 2010 decision in Sumer Singh Salkan versus
Asstt. Director & Ors, the Karnataka High Court on August 29 in 2019, said:
"recourse to lookout notice can be taken by the investigating agency in
https://www.livelaw.in/know-the-law/explained-right-to-travel-vs-look-out-circulars-212072 9/21
11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
cognizable offences under IPC or the 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
Quashing the LOC against journalist Rana Ayyub, the Delhi High Court on
April 4 said, "The impugned LOC is accordingly liable to be set aside as being
devoid of merits as well as for infringing the human right of the Petitioner to
In Aakar Patel's case where the LOC was issued by CBI, the Special Judge
(PC Act) on April 16 said, "In the scheme of CBI Crime Manual, provision and
the absconding accused that when suspicion arises that the absconding
accused may flee from the country, LOC can be issued to thwart any such
The court in that order also said that investigation has been complete in the
case against him and the matter is at the stage of consideration of the
charge-sheet by the trial court for cognizance. "Once the matter is in the
Court, circumstances warranting opening of LOC will arise only when the
respondent accused does not appear in the Trial Court despite NBWs and
The trial court order has been challenged by the CBI before Delhi High Court.
Issuing notice on CBI's plea, the high court on May 13 said the trial court
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11/19/22, 5:35 PM When Can A Citizen's Right To Travel Abroad Be Restricted? Explained With Judgments
issued by MHA last year. CBI in its petition has called the issuance of LOC a
the face the process of law. The agency has also argued that it draws the
must confess, has much merit in view of the decisions of the Supreme Court
both in Maneka Gandhi case as well as in the case of A.K. Gopalan. Both
judgements take the view that "law" referred to in Article 21, would mean
"enacted law"."
SUPREME COURT
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