Image Source: [LOC of Intimation] Citizens can’t be stopped from traveling abroad unless facing cognisable offence: Delhi High Court (barandbench.com)
The Justice of Delhi high court Mukta Gupta said that a LOC of “intimation” was meant to ensure that the investigating agency is kept in contact about the departure or arrival details of the citizens.
“It is evident that unless a citizen is suspected to be involved in the commission or facing investigation or trial on the accusation of offenses, which are cognizable under the Indian Penal Code or other statutes, the citizens 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,” the order said.
Further, The Court was looking into a plea filed in a money laundering case registered by the Enforcement Directorate (ED) against the petitioner who sought withdrawal of the LOC.
It referred to the Office Memorandum (OM) issued in 2010 by the Foreigners Regional Registration Office (FRRO) regarding LOCs in respect of Indians and foreigners.
The given clause laid down that “in cases where there is no cognizable offense under IPC or other penal laws, the LOC subject cannot be detained/ arrested or prevented from leaving the country. The originating agency can only request that they be informed about the arrival/ departure of the subject in such cases.”
Therefore the order, underscored that the authorities using the LOC of “intimation” at the airport or any other port of departure or arrival could not use the same as a preventive LOC to restrain or detain a person on the bases that their travel intimation was required to be given to the originating agency.
