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2010 (7) TMI 1178 - HC - Indian LawsPetition to direct enquiry or investigation - wrongful and malafide conduct of the officials of the CAW, NCW, FRRO and DCW - illegal detention - Facts of the case, It is alleged that Petitioner No.1 was "made to stand in solitary confinement in a toilet, causing untold harassment, humiliation and infringement of his fundamental rights guaranteed under the Constitution of India. His passport was stamped with the remarks ‘Off loaded-deported due to criminal complaint’ albeit there was no criminal case pending against him nor any FIR was registered. He was released only after intervention by his solicitor. HELD THAT:- This Court is, of the view that action of the NCW in writing to the DCP, FRRO for the issuance of an LOC against the Petitioner No. 1 was without the authority of law. The consequent action of the FRRO in issuing such LOC which resulted in the Petitioner No.1 being detained at the IGI airport on 8th April 2008 was also, therefore, illegal. Regarding consequential relief - The power to suspend, even temporarily, a passport of a citizen, the power to issue an LOC, the power to ‘off-load’ a passenger and prevent him or her from travelling are all extraordinary powers, vested in the criminal law enforcement agencies by the statutory law. These are powers that are required under the law, to be exercised with caution and only by the authorities who are empowered by law to do so and then again only for valid reasons. As regards the illegal detention suffered by the Petitioner No. 1 on 8th April 2008 at the instance of both the NCW as well as the FRRO, this Court directs that the FRRO as well as the NCW will each pay the Petitioner No.1 a sum of ₹ 20,000/- by way of compensation within a period of four weeks from today. The Respondent No. 1 will, if not already done, within two weeks, make the necessary endorsement on the passport of Petitioner No. 1 expunging the earlier endorsement "off-loaded (criminal complaint)". In the circumstances, this Court does not consider it necessary to examine the other prayer of the Petitioners that a further detailed investigation should be undertaken to fix responsibility on those who may have been responsible for the issuance of the LOC. Accordingly, the writ petition is disposed of.
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