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What RTI and Judicial Involvement do for this 498A IPC :: Unlimited Misuse & Mockery of Indian Laws & Judicial System

Posted by rtiact2005 on July 26, 2006

What RTI and Judicial Involvement do for this 498A IPC 
Unlimited Misuse & Mockery of Indian Laws & Judicial System

Author : gopelalwani 
E-mail : gopelalwani@yahoo.co.in

Comment: 
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
______________________

NRI grooms tortured and fleeced by Indian brides(SPECIAL)

By Kul Bhushan http://www.dailyindia.com/show/44895.php/NRI_grooms_tortured_and_fleeced_by_Indian_brides%28SPECIAL%29 After a year of his marriage in 2003, Jatinder who married Seema (names changed) returned to India from California at his wife's nagging, unaware that he was landing into deep trouble. At his in-laws' house, he was drugged, threatened at gunpoint, imprisoned illegally for weeks, forced to pay $60,000 and forced to apply for visas for the rest of Seema's family, according to his complaint with US immigration authorities. After his family in the US informed FBI in New Delhi and Delhi Police, he was freed. How an Indian bride cheated and harassed New York's renowned Ambati family has set a new, low standard for rotten NRI marriages. Well known for their social and community service with donations in thousands of dollars, the Ambati family was harassed by their daughter-in-law, Archana, just four months after her marriage in 1995. Archana accused her husband, Dr. Jayakrishna Ambati, and his family of demanding Rs.50,000 ($1,200) in dowry and mental and physical abuse, right on the day they were due to be honoured with a major award during a visit to Andhra Pradesh. Instead of the celebration, they were taken into custody under section 498 A of the Indian Penal Code. Dragging for four years, the case reached the Supreme Court. In 1996, the court dismissed all charges, but Archana appealed. During the trial, the Ambatis produced an audiotape in which Archana's father, Nanda, demanded US $500,000 to drop all the charges. Although the prosecution opposed this evidence, the court in February 1999 admitted this evidence. Archana then wrote to the ministers for Home Affairs and Law & Parliamentary Affairs that she was 'unconditionally withdrawing' all charges against the Ambati family. The Ambatis paid a high price as they were separated for three years, and eminent physician Dr. B. Ambati, Jayakrishna Ambati's brother, lost two years of his professional career in addition to financial losses and mental trauma. These are just two of thousands of cases of NRI grooms who are cheated, defrauded, hounded and extorted by Indian brides who manipulate the highly biased dowry laws of India. Conniving Indian brides who make false complaints under IPC 498A, torture not just the grooms but also their parents, siblings and the extended families. The coy Indian bride, the proverbial Sita/Savitri, has undergone a sinister makeover. The educated girl gets married to an unsuspecting NRI groom for reasons other than holy matrimony. The 'underground' reasons for marriage include: supporting her family in India by transferring large sums of money from her husband's earnings; nagging her husband for obtaining a Green Card or immigration to the rich countries for her parents or siblings, filing a divorce in the new country as soon as possible to settle down on her own or with her boyfriend, claiming huge sums of money by filing false dowry harassment charges, among others. Filing a non-bailable dowry case under IPC 498A is easier than ordering a meal. But while a restaurant can refuse service, the police normally arrest the groom and the in-laws. While the Indian media is flooded with reports of dowry-related bride torture, it hardly mentions the horrific cases of suffering husbands at the hands of cunning wives. After matters reached a critical stage, a police unit for the grievances of the husbands was formed, but it is far short of the response required. Thus many vocal groups of so-called 498A Victims have been formed over the Internet with websites, blogs and web groups to highlight their horror stories, lists of victims and help and advice for men in this dire situation. NRI husbands are at a further disadvantage in this scenario. A travel warning on 'Dowry/Visa Demands' by the US Department of State at http://travel.state.gov warns: 'A number of U.S.-citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen's inability to provide an immigrant visa for his 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. The courts normally confiscate the American's passport, and he must remain in India until the case has been settled.' Sometimes, the parents are also kept in jail. And the cases drag on, and on in courts. The complicated Indian administrative machinery is greased by bribes and NRIs are not adept at this game. A Ministry of Overseas Indians booklet warning about NRI husbands defrauding their newly-wedded wives queered the pitch against NRIs, resulting in a vitriolic response as it paints all NRIs in a very negative manner. An article about this problem in this column had a similar reaction from scores of NRIs and the 498A victims. NRI marriage dreams can turn into nightmares - both for wives and husbands. (A media consultant to a UN Agency, Kul Bhushan previously worked abroad as a newspaper editor and has travelled to over 55 countries. He lives in New Delhi and can be contacted at: kulbhushan2038@gmail.com) Copyright Indo-Asian News Service


		

2 Responses to “What RTI and Judicial Involvement do for this 498A IPC :: Unlimited Misuse & Mockery of Indian Laws & Judicial System”

  1. valli56age said

    http://www.telegraphindia.com/1021027/asp/nation/story_1329371.asp

    Renuka’s [ FALSE ?? ] dowry case against her son in law ?

    | Sunday, October 27, 2002 |

    Renuka in dowry battle

    Hyderabad, Oct. 26: Congress MP Renuka Chowdhary has filed a complaint against daughter Poojita¢s in-laws, accusing them of harassment for dowry, says our special correspondent.

    Poojita was married to London-based opthalmologist Satya Sai Prasad a few months ago.

    Renuka called on police officials and chief minister Chandrababu Naidu recently after filing the complaint on October 18.

    Poojita’s father-in-law, Lajpat Roy, a British national, was arrested at the airport when he arrived in Hyderabad from London. [Note : elders are the MOST abused in such cases. Many innocent mothers / fathers have been arrested😦 ]

    He was released on bail.

    The police had so far kept the issue under wraps.

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