Look out circular (LOC) 123 is a circular used by the authorities to check whether the person traveling is wanted by the police. This can be used on immigration checks at international borders (such as international airports or seaports). In India, the LOC has a certain proforma that has the identification parameters of criminals and helps police capture fleeing criminals and stop them from crossing the border.
Video Look out circular
Definisi
The Look Out Circulars are opened to track down the escaped criminals and also to prevent and monitor effectively in or out of those that may be required by law enforcement authorities.
The basic substantive guidelines on LOC publications in relation to Indians issued by the MHA recite the following four cardinal principles:
- The LOC opening request must be made for all immigration checkpoints in the country in the Official Formats designated by the MHA.
- The LOC opening request should always be issued with the approval of an officer not under the rank of the Deputy Secretary for the Government of India/Joint Secretary at the State Government/Police Inspector concerned at the district level.
- The agent of origin should ensure that the full information identifying the person of the person, in relation to whom the LOC is opened, is clearly mentioned in the specified proforma. LOC will not be opened for less than three identity parameters other than the subject name.
- The LOC is valid for a period of one year. However, if the institution of origin wishes to extend the term beyond one year, it may request an extension before the expiration of a one-year period. If there is no request for an extension of the LOC within a specified one-year period, the relevant Immigration Officer is authorized to suspend the LOC.
Maps Look out circular
Abuse
The man may not expect that the LOC has been issued against him and found him at immigration at the airport when going out or coming to India as a surprise.
Court cases (Matrimonial/Family/Employment dispute) in India can take a lot of time (decades). If a person has a court case that ought to work abroad with short notice eg Software Engineer/Person of NRI/Indian Origin with a family in India, may be dragged to compromise given that the LOC may be issued because there is no date or trial call.
A software engineer's career can be easily destroyed if he stops at the airport for an assignment for his employer.
Compensation
Note that sometimes circular can be issued without following the guidelines mentioned in the Official Memorendum in reference. The affected person may approach a human rights commission or a higher court and demand compensation for loss and suffering if any. The compensation process can take a long time (decades). This procedure may be time-consuming, slow, tiring and expensive.
Effectiveness
Many individuals with pending Criminal proceedings live or work or travel abroad. LOC is not issued in every case. So there is a perception of corruption not to remove the LOC when it is clear or remove the LOC if it is not needed. The exact number of LOCs issued and not issued for reasons and verification checks is not available.
Many high-profile individuals have no LOCs issued against them or successfully escaped criminal investigations or continue traveling abroad.
References
- http://cbi.gov.in/aboutus/manuals/Chapter_25.pdf
- http://mha1.nic.in/pdfs/Lookoutcircular_27042017.pdf
- http://timesofindia.indiatimes.com/india/Greenpeace-activist-case-In-Aug-2010-court-laid-down-norms-for-look-out-circulars/articleshow/45880064.cms
- http://www.delhidistrictcourts.nic.in/Aug10/SUMER SINGH SALKAN VS. ASSTT. DIRECTOR.pdf
- http://indiatoday.intoday.in/story/ncw-not-empowered-to-initiate-criminal-proceedings/1/107458.html
- http://delhicourts.nic.in/July10/Vikram Sharma Vs. UOI.pdf
- http://www.madhyamam.com/en/kerala/2015/dec/23/tn-centre-directed-pay-rs2-lakh-compensation-nris
Source of the article : Wikipedia
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