Look out circular

Look out circular (LOC) is a circular letter used by authorities to check whether a traveling person is wanted by the police. It may be used at immigration checks at international borders (like International airports or sea ports). In India, LOC has a given proforma[1] which have identification parameters of criminals and help police to catch absconding criminals and stopping them from crossing borders.

Definition

The Look Out Circulars are opened to trace the absconding criminals and also to prevent and monitor effectively the entry or exit of persons who may be required by law enforcement authorities.[2]

The basic substantive guidelines regarding the publication of the LOCs in relation to Indian citizens issued by the MHA enunciate the following four cardinal principles:

  1. The request for opening of LOC is required to be made to all immigration Checkposts in the country in the Official Format prescribed by the MHA.
  2. The request for opening of LOC must invariably be issued with the approval of an officer not below the rank of Deputy Secretary to the Government of India/Joint secretary in the State Government/Superintendent of Police concerned at the district level.
  3. The originating agency must ensure that complete identifying personal particulars of the person, in respect of whom the LOC is to be opened, are clearly mentioned in the prescribed proforma.[3] The LOC will not be opened for less than three identity parameters other than name of the subject.
  4. An LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year it can ask for the extension before the expiry of the one year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC.

Misuses

The person might not expect that the LOC has been issued against him and find it in the immigration at airport when going outside or coming to India as a surprise.[4][5]

Court cases (Matrimonial/Family/Employment disputes) in India can take a lot of time (decades).[6][7][8] If someone has court case going on who need to work abroad with short notice for example Software Engineers / NRI / Indian Origin people with families in India, can be dragged to compromise considering that LOC might be issued on missing of hearing date or summons.[9]

The career of software engineers may easily be destroyed if he is stopped at airport going for an assignment for his employer.[10][11][12][13]

Compensation

Look out circular sometimes may issued without following the guidelines mentioned in the Official Memorendum in the references.[14] The affected person may approach the Hon'ble Human right commission or higher courts and demand compensation for loss and suffering if any.[15][16][17][18]

Effectiveness

Many individuals with pending Criminal proceeding are living or working or travelling abroad. LOC is not issued in every case. So there is perception of corruption[19][20][21][22][23] for not to issue LOC when it is obvious or issuing LOC when it is not required. The exact figure of LOC issued and not issued with the grounds and verification check of grounds is not available.[24]

Many high profile individuals did not have LOC issued against them or managed to escape criminal investigation or proceeding by travelling abroad.[25][26][27][28][29][30][31][32]

References
  1. "Proforma for issue of LOC" (PDF).
  2. Chapter 25 of Crime Manual of Central Bureau of Investigation, India
  3. "Proforma" (PDF).
  4. "NRI Couple Detained Thrice At Indian Airports. Their Namesake Had Lookout Notice".
  5. "Lookout circular on the basis of PE has no legal sanctity in court: Experts".
  6. "India's Top Judge Vows to Fix a Legal System Plagued by Delays".
  7. "Judicial Delays in India: Causes & Remedies".
  8. "indias criminal justice system an example of justice delayed justice denied".
  9. "Look Out Circular (LOC) Guidance – Do's and Dont's".
  10. "CORRUPTION IN INDIAN POLICE" (PDF).
  11. "Long road home for NRIs facing 498A, advised not to enter India to prevent arrest".
  12. "The Scandal of Look Outs".
  13. "Lookout Circular during 498A".
  14. "delhidistrictcourts" (PDF).
  15. "Priya Pillai verdict: A missed chance to put look-out-notice issue under lens".
  16. "Thirumurugan Gandhi held in Bengaluru for UN speech on police firing in Thoothukudi".
  17. "Odisha acts after fire: showcause notice to Bhubaneswar hospital, lookout for trust head".
  18. "TN, Centre directed to pay Rs.2 lakh compensation for NRI's".
  19. "CBI Refutes Rahul Gandhi's Charges of Aiding Vijay Mallya, Nirav Modi and Mehul Choksi's Escape Plans".
  20. "Study Finds India Is Asia's Most Corrupt Country, While Japan Comes In Last".
  21. "The shortcomings of India's police are not entirely their fault".
  22. "Curruption Perception Index 2017".
  23. "Revenue, police departments lead corruption chart".
  24. "CBI imbroglio gets murkier amid fresh accusations".
  25. "Lookout Notice issued against Nirav Modi, Mehul Choksi: IT sources".
  26. "Didn't Think Vijay Mallya Was Flight Risk: CBI On Diluted Lookout Notice".
  27. "CBI's U-turn on Vijay Mallya lookout circular may have helped him leave India".
  28. "By Time CBI Sent Lookout Notice, Nirav Modi, 3 Others Had Long Left India".
  29. "Nirav Modi flies on revoked passport, CBI tweaks look out notice on Mallya: How technicalities helped them flee country".
  30. "CBI under lens for diluting Vijay Mallya lookout circular".
  31. "Mystery of Vijay Mallya look-out circular: CBI diluted notice to correct mistake".
  32. "CBI says changing Look Out Circular against Vijay Mallya an error of judgment".
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