The issuance of Look Out Circulars must adhere to strict procedural guidelines and cannot infringe on personal liberty without compelling reasons.

ORDER :

1. Heard Mr. Katika Ravinder Reddy, learned counsel appearing on behalf of the Petitioners, Mr Gadi Praveen, learned Deputy Solicitor General of India appearing on behalf of Respondent No.1, learned Government Pleader for Home appearing on behalf of respondent No.2 and Mr T. Sudhakar Reddy, learned counsel appearing on behalf of respondent No.3.

2. Petitioner approached the Court seeking prayer as under :

This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the Respondents in issuing Look Out Circular against the petitioner based on Crime No. 211 of 2023, dated 07.04.2023, on the file of Women Police Station, DD, Hyderabad, as illegal and contrary to law and an abuse of authority and process of law, and consequently, direct the Respondents to withdraw the Look Out Circular issued against the petitioner based on Crime No. 211 of 2023, dated 07.04.2023, on the file of Women Police Station, DD, Hyderabad.

3. PERUSED THE RECORD :

A. Office Memorandum dated 22.02.2021 dealing with consolidated guidelines for issuance of Look Out Circular in respect of Indian Citizens and Foreigners and the relevant paras of the said A, B, C, D, H, I , J, and L, of the said circular are extracted hereunder:

“6. The existing guidelines with regard to issuance of Look Out Circulars (LOC) in respect of Indian citizens and foreigners have been reviewed by this Ministry. After due deliberations in consultation with various stakeholders and in supersession of all the existing guidelines issued vide this Ministry’s letters/O.M. referred to in para 1 above, it has been decided with the approval of the competent authority that the following consolidated guidelines shall be followed henceforth by all concerned for the purpose of issuance of Look Out Circulars (LOC) in respect of Indian citizens and foreigners:-

A. The request for opening an LOC would be made by the Originating Agency (OA) to the Deputy Director, Bureau of Immigration (BoI), East Block – VIII, R.K. Puram, New Delhi – 110066 (Telefax: 011- 26192883, email:boihq@nic.in) in the enclosed proforma.

B. The request for opening of LOC must invariably be issued with the approval of an Originating Agency that shall be an officer not below the rank of –

(i) Deputy Secretary to the Government of India; or

(ii) Joint Secretary in the State Government; or

(iii) District Magistrate of the District concerned; or

(iv) Superintendent of Police

(SP) of the District concerned; or

(v) SP in CBI or an officer of equivalent level working in CBI; or

(vi) Zonal Director in Narcotics Control Bureau (NCB) or an officer of equivalent level (including Assistant Director (Ops) in Headquarters of NCB]; or

(vii) Deputy Commissioner or an officer of equivalent level in the Directorate of Revenue Intelligence or Central Board of Direct Taxes or Central Board of Indirect Taxes and Customs; or

(viii) Assistant Director of Intelligence Bureau/Bureau of Immigration (BoI); or

(ix) Deputy Secretary of Research and Analysis Wing (R&A W); or

(x) An officer not below the level of Superintendent of Police in National Investigation Agency; or

(xi) Assistant Director of Enforcement Directorate; or

(xii) Protector of Emigrants in the office of the Protectorate of Emigrants or an officer not below the rank of Deputy Secretary to the Government of India; or

(xiii) Designated officer of Interpol; or

(xiv) An officer of Serious Fraud Investigation Office (SFIO), Ministry of Corporate Affairs not below the rank of Additional Director (in the rank of Director in the Government of India); or

(xv) Chairman/Managing Directors/Chief Executive of all Public Sector Banks.”

C. LOCs can also be issu