DOPT is the national nodal agency responsible for implementation of RTI Act 2005
Posted by rtiact2005 on July 25, 2006
Did DOPT do it’s JOB ?
DOPT was the lead agency for coordinating the training programme for all government officials nationwide.
DOPT was needed to develop a training strategy as a matter of immediate priority.
DOPT was to identify who will have the responsibility both for undertaking training, monitoring the implementation of the training programme, and preparing training modules and materials.
DOPT implementation of RTI Act should have been time-bound.
DOPT should have identified PIOs and AAs needed in all the departments and trained as a matter of priority.
DOPT should have looked into Records management and archiving and reviewed and then improved as necessary.
Right2Information 
gopelalwani said
Unlimited Misuse & Mockery of Indian Laws & Judicial System
There are hundreds of victims of blackmail and extortion,
involving NRI’s and Indian diaspora in the criminal cases
registered in India, without any punishment to the
blackmailers.
NRI’s and Indian Diaspora families are separated from
their near and dear ones in India. They have been prevented
to visit India even for social or religious purposes for years till
false cases are ended, for fear of arrest without bail and jailed
without committing any offence or breaking the laws of land.
Abuse of anti-dowry laws has become serious enough
that the United States Department of State has
published the following travel warning on its Web site,
http://travel.state.gov, about “Dowry/Visa Demands” for
travellers to India.
Angela Aggeler, a spokesperson for the State Department
in Washington, D.C., says that “American citizens are often
extremely desirable” to Indian families with marriageable
daughters.
Aggeler, who has lived in India, says she empathises with
citizens in this predicament. “I know how complicated the
law is in India,” she says.
Aggeler says the State Department decided to publish the
travel warning after receiving information from the three U.S.
embassies in India as well as from local law enforcement
agencies and global agencies such as Interpol .
The travel warning published and advisory issued to US citizens
of Indian Origin is as under:
A number of U.S. citizen men who have come to India to marry
Indian nationals have been arrested and charged with crime
related to dowry extraction.
Many of the charges stem from the U.S.citizen’s inability to
provide an immigrant visa for the prospective spouse to travel
immediately to the united states.
The courts sometimes order the U.S.citizen to pay large sums
of money to his spouse in exchange for the dismissal of charges.
Canadian Government has also issued following advisory:
Growing numbers of Canadian citizens have been caught up
in marital fraud and dowry abuse in India. Most cases involve
Indo-Canadian males who abandon their wives in India after
cheating them out of large sums of money. Other cases
involve misuse of Indians Dowry Prohibition Act. This law,
which was enacted to protect women and makes demanding
a dowry a crime, is sometimes used to blackmail men through
false allegations of dowry extortion. Individuals facing charges
may be forced to remain in India until their cases have been
settled or pay off their spouses in exchange for the dismissal
of charges. To avoid such problems, you are advised to register
your marriage in India along with a joint declaration of gifts exchanged,
as well as consider a prenuptial agreement.
I am father 77 years old, who’s son committed “SIN” of sponsoring
a girl from India to marry her in US. I even did not attend their
marriage or stayed with them after their marriage.. I have been
named in this false prosecution and declared Proclaimed Offender.
My mother died 2 years ago in India, but could not attend her funeral.
In this case; a false Criminal Complaint was registered in India
against entire US Citizens family under section 498A with the
collusion and connivance of the police and law enforcing machinery
in December 2002..
She did not disclose in the F.I.R ” that the Divorce proceedings
were going on against her in US court and she had filed her
response in September 2002 asking for Rs. one crore as
alimony alternatively restoration of conjugal rights.
Complainant had also sought assistance of “abused women’s”
organisation in US in her divorce matter in US, but the organisation’s
lawyer withdrew as soon as it became clear that her case was based
on Blackmail and Extortion.
She did not make any allegations ( as made in the police
complaint in India ) to the US women’s organisation’ or US
police, during her stay in US for the period of about 6 months.
This is clear evidence of manipulation, misuse and naked abuse of
Indian Legal and Judicial System by the unscrupulous woman to
blackmail for extortion in collusion with corrupt Indian Police and
Law enforcing machinery .
Matter is legally very simple, that the marriage was solemnised and
registered in US. They lived in US after marriage and never visited India together.The divorce was also decided according to US laws by US Court.
The decree of divorce was delivered and acknowledged by complainant in
April 2003; approximately 2 months before the the arrests were made by
Nagpada Mumbai Police. This shows that the Indian Courts have no Jurisdiction in the matter is very much clear.
The criminal proceedings have been launched under Indian
Dowry Prohibition Act, and section 498A under which the
competent authority to deal with such matters is designated
as “Cruelty Against Women’s” Cells.Even Commissioner of
Police has no authority to deal with these complaints directly.
In Mumbai, the “Maharashtra Commission for Women” (MCW)
is the designated competent authority.The Officers designated
to investigate the allegations before recommending prosecution
to police must not be below the rank of deputy superintendent
of police.
In this matter the assistant police Inspector has abused, over-riding
all the legal authorities, designated by the legislation and registered
the criminal case and launched prosecution, without any enquiry,proof
or investigation; with the connivance and collusion of Indian Judicial
Machinery.
My wife ( 70 years old medically disabled) accompanied by
my son were arrested unaware on June 29, 2003 at Mumbai
Airport while returning to US, after a short visit to meet her
ailing 92 years old mother.
They were jailed in Police lock-up for two days.
Their US Passports were seized by the Police.
They had to bribe Rs. One Lakh to the magistrate apart from
paying to Police and Prosecutor to get the Bail.
The Bail was granted after two days, against Rs, 50,000/. Cash
Security for each accused and order of daily reporting at police
station for interrogation for two hours.
Then there was another Rs.Fifty Thousands bribe paid to the
Magistrate through same Court Lawyers working as agents for
release of seized US Passports and permission to leave India
for six months, on the grounds of livelihood.
The US Passports were returned after 15 days against further
Cash Security of Rs.20,000/- for each passport.
.
They returned to US after 15 days of agony, brutalities and
expenses of about Rs.Seven Lakhs for the arrest and release on
false charges by the Indian Law and Justice regime.
My entire family of US Citizens have been declared and notified as
Proclaimed Offenders by Indian corrupt Judicial System.
This is how Indian Courts & Justice System works.
Police will arrest the accused and produce him before magistrate.
The magistrate will immediately grant police custody, without bothering
about nature of case.Now police will demand money, otherwise the
accused will not get bail.
The magistrate will grant bail only when public prosecutor gives
him signal that money has been received and it will be honourably
distributed.
The Extortionists are
1. Police
2 .Public Prosecutor
3. Advocate of accused
4. Magistrate
There is Criminal +Police+Judicial nexus for Extortion
THERE ARE TWO VERSIONS OF PROSECUTION STORIES
Version No. 1
The F.I.R states that the complainant had married in India during the
month of November 2001.She received US visa on December 06, 2001
and travelled to US on December 09, 2001 where she was ill treated
and returned to India on June 28, 2002.
Version No. 2
The same Police officer has stated in the Remand Application to the
Court that the complainant had married in India during the month of
February 2002 and was ill treated in India.
The F.I.R states that she was in USA from 9th December2001 to
28th June 2002. She lodged complaint at Nagpada Police Station
in December 2002; about SIX months after returning to India.The
reasons for delay of Six months in lodging the Criminal Complaint
with Nagpada Police Station have not been recorded or explained
in the FIR.
.
There are Two unexplained versions of story by the Nagpada Police.
1. One story was for making arrests under non bailable warrants,
showing that the complainant married in India on 17th November
2001 and was Miss-treated.
2. Second story for getting remand for Police custody of the
accused persons shows that the complainant married in India
during February 2002 and was Miss-treated.
‘
THE FACT REMAINS THAT THE COMPLAINANT WAS NEVER
IN INDIA DURING FEBRUARY 2002; AND VARIATION IN
EVIDENCE OF TWO PROSECUTION STORIES IS PROOF OF
FALSE PROSECUTION REGISTERED BY NAGPADA POLICE
STATION AND HANDLING THE CASE IN MOST CORRUPT AND
HAPHAZARD MANNER.
The FIR registered by the police states that the complainant
FRAUDULENTLY obtained Immigration Visa from US Consulate
at Mumbai.
The FIR states that, since US Visa was not immediately given to
married women by the US Consulate ; she FRAUDULENTLY applied
and obtained US Visa as unmarried woman on 6th December 2001.
THE VOLUNTARY STATEMENT OF THE COMPLAINANT MADE IN
THE FIR, CONFESSING FRAUD AND DUPING THE USA GOVERNMENT
WAS NEITHER INVESTIGATED NOR REPORTED TO US CONSULATE
IN MUMBAI, NOR ANY ACTION TAKEN OR THE COMPLAINANT ASKED
TO PRODUCE HER PASSPORT FOR INSPECTION AND VERIFICATION.
The marriage and the divorce including the allegations in this matter
are subject to US legal Jurisdiction. Nothing in this matter happened
within the Jurisdiction and territory in India.
The Courts in India have no jurisdiction at all to proceed and prosecute
foreign national for the offences allegedly committed by him in his own
country. Indian courts are not the International Court of Justice.
The conduct of law enforcing machinery in India, in this matter is most
irresponsible and undesirable.
The residential property used as vacation home in India was
searched without obtaining necessary search warrants from higher
authorities or informing to local police jurisdiction by the said assistant
Inspector of police.
Under Article 226 of Constitution of India, the Prosecution has no
Jurisdiction to even investigate the alleged offences even if TRUE.
Under section 177 of criminal procedure code 1973 of India;
No part of cause of action arose within the jurisdiction of the
court where the complaint was filed and Non-bailable arrest warrants
were obtained against entire family of US citizens without any
investigation or evidence and arrest warrants executed.
The entire proceedings have no foundation, and this is the question
of law regarding lack of Jurisdiction.
Indian Penal Code Section 188 states that courts in India can not
take cognisance of any offence against foreign national without
“Previous approval of central government ministry of External Affairs”.
There is no evidence that any attempt was made to obtain approval
Nor any attempt was made, to inform to higher authorities.
Even higher authorities in police department of government of
Maharashtra were not informed about arrest of foreign nationals.
The obligations under Article 36 of Vienna consular Convention
Treaty of which India is signatory were also not honoured after
arrest and confiscation of passports of foreign nationals by the
Mumbai police authorities.The US Consulate in Mumbai was not
informed about the arrest of US Citizens.
Under Section 406 of Indian Penal Code 1860 the alleged acts
which took place beyond the territory of India, even if assumed
to be correct does not make out the case to proceed against the
accused. An FIR can only be filed in the court of concerned area
to who’s jurisdiction the offence has occurred.
Under Section 482 of India’s Criminal Procedure Code 1973, the
courts in India has no jurisdiction to entertain the complaint even
if allegation there in are accepted in Toto.
Domicile is the key to matrimonial proceedings.
This was held by the bench of Bombay High Court,
comprising Justices S.B. Mhase and Dilip Bhosle.
They held that,
“Domicile is essential condition for both the bride
and groom were domiciled in India at the time of
their marriage being solemnised in India”
They also held that,
“Even if one of the spouse is not domiciled in
India at the time of alleged marriage even if
assumed that marriage took place in India,
the proceedings in India are bad in Law.
The foreigner’s marriage act of India also confirms
this position.
None of the offences shown in the FIR registered by Indian Police
were committed within the jurisdiction of the said Police Station.
The FIR clearly indicates that the alleged offences took place in
New York USA. The FIR does not disclose Prima-Facie offence
taking place within the jurisdiction of India.
The acquittal does not wipe out the ignominy suffered during and
prior to trial by the innocent accused family who were all arrested
without bail and jailed without committing any offence.
The Indian Judicial system must strongly deal with frivolous
complaints and prosecutions by unscrupulous corrupt law enforcers;
for wasting court’s precious time and putting financial burden on public exchequer. The costs should be recovered from guilty and the victim
should be compensated.
Preventing the miscarriage of justice, is just as much the work of the
Courts, as it is their work to uphold the law of the land.
The case registered by the Assistant Police Inspector is a criminal
conspiracy criminal intimidation and framing of incorrect records and
writings by Public Servant.
This offence is punishable under section 218, 506, 167 and 120 B
Indian Penal Code.
The complainant is also liable to be prosecuted and punished under
Sections 177,181,182,191,193,195,200,211,383,385,500 504 and506,
of Indian Penal Code and section 250 of Cr. P.C.for filing false and
fraudulent complaint to Blackmail for Extortion.
The Indian Passport in the hands of such Dangerous manipulator
who dares to fool the law and Law Enforcing Machinery need to be
withdrawn, by Ministry of Home Affairs.
The passport need to be impounded or revoked for the offences
involving MORAL TURPITUDE under section 10 (3) (c) (d).(e) (h).
of Passport Act.
Misuse and Mockery of Indian law and Judiciary must be stopped
and Blackmailers and Corrupt law enforcing machinery punished.
Regards
Gope Lalwani
Dhirendra Krishna said
DOPT has miserably failed to do their job.
There is no specific budget provisions for the implementation of RTI Act. As a result, NOTHING would happen, in respect of (A) Widespread training to educate public, (B) systemic changes envisaged in section 4(1)(a) and (C) Steps for suo moto disclosure under section 4 (2). Nodal agency has failed to address these basic issues and work out a plan of action, duly supported by financial resources dedicated for specific “outcomes.”
DOPT seems to be spending all their energy on circumventing and diluting the RTI Act. Even this is not being done properly as they are guilty of changing the defination of “information” in their web site, without ANY legal authority.