Shashwati Chowdhury
Published on: July 5, 2022 at 17:25 IST
The Delhi High Court stated that a citizen cannot be detained, arrested, or prevented from leaving the country unless they are suspected to be involved in a cognizable case or are facing investigation or trial in such matters.
The court also noted that the originating agency can only seek intimation of a person’s arrival or departure under the “LOC of intimation.”
The authorities at the airport, or any other port of departure or arrival, cannot restrain or detain the individual on the pretext that intimation of his arrival or departure must be given to the originating agency, as this would indirectly serve as a detentive/preventive LOC. What cannot be done directly cannot be done indirectly, as Justice Mukta Gupta stated in an order.
According to a 2010 office memorandum from the FRRO, a LOC can only be issued when there is a case involving a cognizable offence; in case where there is none, the originating agency may only request to be informed of the subject’s arrival or departure. The “LOC of Intimation” can be opened in the former, whilst a “detentive/preventive LOC” may be issued in the latter.
The court was hearing a petition seeking for a direction to withdraw a LOC that the ED had issued in connection with a probe into money laundering.
The petitioner was admitted to be a minor at the time of the commission of transactions alleged in the cases under IPC, PC Act, and even under PMLA, therefore he was not an accused in either the FIR or the two ECIRs, it was stated in the order.
The petitioner will not be detained or prevented at the airport or any other port under the pretext that the first information has not been given to the originating agency, the court stated.