Wednesday, May 15, 2024

When does the Interpol issue blue corner notice against the accused?



Why is it in the news ?

1.The sitting MP of Hasan (Karnataka), Prajawal Ramanna, the grandson of former Prime Minister H.D. Devegowda, fled away to Germany last month following the leak of thousands of explicit video clips showing him sexually abusing multiple women. 

2.The complainant lady registered an FIR against the sitting MP alleging that he forced her to have sex with him multiple times between January 2021 and April 2024. She also complained that the accused threatened to kill her and her husband if she disclosed the incident. She was also blackmailed by making a video clip of her sexual exploitation by the accused. A case under section 376 (2) (N) for committing rape repeatedly on the same woman, section 354 (B) for assault or use of criminal force to woman with intend to disrobe, section 354 (C) for capturing the image of a woman in a private act against her will and various sections of information technology act 2000. 

3.The Karnataka Government constituted a special investigation team to investigate the alleged sexual exploitation of around 2900 women by the sitting MP. 

4.The SIT sought the help of the CBI for further inquiry. 



What is CBI ?

1.CBI is not a statutory body. It derives its powers from the Delhi special police establishment act 1946. It is the main investigating agency of the central government. It plays an important role in the investigation of corrupt practices. It provides assistance to the central vigilance commission and Lokpal. 

2.It investigates cases involving economic offences, corruption, heinous offences and organised crimes. 

3.It cannot investigate in the area of any state without the consent of the concerned state. However, the Supreme Court and High Courts can direct the CBI to investigate a particular case in the public interest. When such an order is passed by the apex Court and High Courts, there is no need to seek consent of the concerned state. 

4.It is headed by a director who is appointed by a three member committee consisting of the Prime Minister of India as the chairman, the leader of the opposition in the Lok Sabha and the chief justice of Lok Sabha or the judge of the Supreme Court nominated by him. 

5.The CBI is officially designated as the nodal agency of interpol in India.



What is interpol ?    

1.Interpol is not a super national law enforcement agency and has no arresting powers. It is an international organisation that functions as a network of law enforcement agencies from different countries. Thus the Interpol functions as an administrative liaison among member countries, providing database and communication to member countries.   It facilitates cooperation between national law enforcement agencies in 196 member countries to combat transnational crimes. 

2.The organisation shares information regarding crimes and wanted criminals globally, provides technical, operational and investigating support to locate fugitives. It manages a database of critical data about wanted criminals. These databases are disseminated among member countries to trace the criminals. 

3.Interpol has a central bureau in all member countries which acts as a connecting point between interpol and the enforcement agency of that country. The CBI is the nodal agency of Interpol in India. 

4.The headquarter of Interpol is in Lyon (France). It was formed in 1923. It provides investigative support, expertise and training to law enforcement worldwide. Its main focus is on transnational crime, terrorism, cybercrime and organised crime. 

5.Interpol seeks to remain politically neutral and is thus barred from interventions that are political, military, religious or racial in nature. 

6.The national enforcement agencies are not bound by the dictates of interpol. At best, the interpol helps national enforcement agencies in providing a database in the crimes which have international ramification.



Different types of notices issued by the Interpol on the request of the CBI. These are ;-

1.Blue corner notice - To collect information with regard to the identity of an accused, location and criminal activities in relation to criminal investigation. This notice is issued for those missing accused who are wanted in a criminal investigation. 

2.Red corner notice - It is issued for those criminals who are wanted for extradition because the municipal court has already awarded a sentence to him. 

3.Black corner notice - It is issued to seek information with regard to unidentified bodies. 

4.Green corner notice - It is issued as a warning about a person's criminal activities and he is considered to be a threat to public safety.

5.Orange corner notice - It is a notice to warn of an event, a person,an object or a process representing a serious and an imminent threat to public safety. 

6.Purple corner notice - It is issued to provide information on modus operandi, objects, devices and concealment methods used by criminals.

7.Yellow corner notice - It is issued to locate missing minors or to help identify persons who are unable to identify themselves. 

8.Special corner notice - It is issued by the interpol on the request of the United Nation Security Council.  


These above notices are issued by  the interpol on the request of the member countries. The interpol itself cannot compel the national law enforcement authorities to act on a particular notice. It has been seen that actual action on the notices by the member countries depends upon the relation with other countries where the criminals wanted in the case have got shelter. Since India has good relations with Germany, it is hoped that accused Prajawal Rammana would be extradited to India. 


Conclusion 

1.Critics allege that Interpol indulges in politically motivated case in spite of its explicit adherence to political neutrality. 

2.In 2021,China, United Arab Emirates, Russia, Venezuela, Turkey were accused of abusing interpol because they used it to target its political opponents. 

3. It has been found that non democratic states use Interpol to harass opposition leaders, human right activists, journalists and businessmen.  The procedure for filing an appeal with the interpol is a long and complex one. 

4.It is therefore necessary that Interpol is not misused by the state to harass the opposition leaders. The interpol should take maximum caution while issuing red corner notices against those political opponents/journalists  who have been framed with false charges.


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