LOC's Initial Validity Can't Exceed 4 Weeks, Originating Agency Must Give Reasons For Seeking Extension: Rajasthan HC Issues Guidelines

The high court referred to a previous order–passed in the third round concerning the petitioner–where it had said, “petitioner has not been convicted of any offense; he is merely facing charges. The restrictions imposed on his passport validity appear to pre-emptively punish the petitioner, undermining the principle of presumption of innocence enshrined in Article 21 of the Constitution of India.” Thereafter to prevent the adverse effects of LOCs, the Court issued a set of guidelines in furtherance of the larger public interest. Order for issuance of LOC can only be passed by originating agency in cognizable offences under IPC or other penal laws, where the accused and/or under trial, as the case may be, is deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there is likelihood of the accused leaving the country to evade trial / arrest. It is thus a situation akin to issuance of NBWs in exercise of Magisterial powers, but for the difference that Home Ministry has empowered BOI to only detain / restrain a person from travelling abroad and not arrest, if he is either evading arrest or deliberately not appearing in the trial court. for issuance of LOC must specifically state that initial validity of an LOC shall not exceed four weeks.