Why in news?
Jaspal Atwal, an earlier blacklisted Khalistani militant, was invited to a dinner honouring Canadian PM Trudeau.
What is a blacklist?
- It is a list of persons against whom a “look out circular” (LOC) has been issued.
- It could contain the names of both Indian citizens and foreigners.
- The blacklist is maintained by the Foreigners Division of the Ministry of Home Affairs (MHA).
- It is sent to all Indian diplomatic missions across the world, as well as to immigration checkposts within the country.
- The list is reviewed from time to time, with name of individuals being added or deleted.
- This is done on the recommendations made by central agencies or state police.
- At present, there are nearly 30,000 individuals, including foreign nationals, in the blacklist database, pruned from 38,000 in 2016.
What is an LOC?
- A “look out circular” (LOC) is a coercive measure used by the investigating agencies and the courts.
- It is used to compel the suspects who are awaiting trial to surrender.
What is the procedure?
- Authorities - The authorities on whose request an LOC can be issued include the:
- Ministry of External Affairs
- Customs and Income-Tax departments
- Directorate of Revenue Intelligence (DRI)
- Central Bureau of Investigation (CBI)
- regional passport officers
- police authorities in various states
- International Criminal Police Organisation, commonly known as Interpol.
- Procedure - The agencies are supposed to follow a process before requesting an LOC.
- The investigators must submit a written request to an officer notified by the Ministry of Home Affairs.
- The request should provide details regarding the individual’s involvement in a crime.
- The officer, among others, should not be below the rank of:
- deputy secretary to the Government of India
- joint secretary in a state government
- superintendent of police at the district level or in CBI/NIA
- zonal director in NCB
- deputy commissioner in DRI
- assistant director of Intelligence Bureau or bureau of immigration
- deputy secretary in R&AW
- assistant director of Enforcement Directorate
- LOCs can also be issued on the direction of any criminal court in India.
- In a 2010 Delhi High Court verdict, it was observed that a request for issuance of LOC cannot emanate from a statutory body.
- Validity - Unless specified, an LOC is valid for one year.
- However, agencies concerned are allowed to make a request to immigration authorities for the extension of an LOC before its expiry.
What are the cases eligible for LOC?
- Investigating agencies can approach immigration authorities for issuance of an LOC in certain cases.
- These include offences recognised by the Indian Penal Code (IPC) or other penal provisions.
- Also, when the accused/suspect is deliberately evading arrest or not appearing for trial in court.
- The evasion should be in spite of a non-bailable warrant and similar coercive measures.
- LOC can also be issued when there is a likelihood of the suspect leaving the country to evade trial or arrest.
- However, in cases where the offence is not recognised by the IPC, LOC cannot be issued to prevent the individual from leaving the country.
- In such cases, the agencies can only ask to be informed about the arrival or departure of these individuals.
What are the legal remedies?
- The blacklisted individuals can approach a court or the competent officer, who issued the LOC, for its withdrawal.
- However, according to legal experts, it is more advisable to cooperate with investigating agencies.
- Role of a subordinate court - An LOC can be issued on the basis of a non-bailable warrant by a subordinate court.
- In this case, a cancellation of that warrant by the court will make it invalid.
Source: The Indian Express
