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 : email@example.com
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 â€œAmerican citizens are often extremely desirableâ€ to Indian families with marriageable daughters. Aggeler, who has lived in India, says she empathises with citizens in this predicament. â€œI know how complicated the law is in India,â€ 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: firstname.lastname@example.org) Copyright Indo-Asian News Service