Allahabad HC Asks An NRI To Appear In Court And Leave After Receiving Bail

From what I have seen, the Indian courts would like NRI respondents of 498A cases to submit to their jurisdiction. This is a classic example.

  • “The position in this way is that the   Criminal Misc. Application no. 4811 of 2004 is liable to be dismissed  and  it  is accordingly dismissed.  So far as  the  Criminal Misc. Application  No. 8479 of 2005 is concerned , it is  hereby ordered that   the applicant  Karrar Hussain  should appear   before the court  concerned  and  after  putting in  appearance  and  grant of bail  he may apply for  permission to go abroad  and for return of Visa and Passport  if  they have  already been deposited.  An  undertaking shall be     given by the accused applicant Karrar Hussain  that  he shall   appear  before the court whenever  required to do so  and  during  remaining period his personal appearance  may  be exempted through counsel, and   if   such  an application  is filed by  Karrar Hussain, suitable  order shall be passed on that application by the Magistrate concerned.  This application under section 482 Cr.P.C. ( Crl. Misc. Application no. 8479/05)  is  disposed of  finally with the above observations.Dated 25.9.07”

The problem is that the lower court magistrates, PPs and the cops are in cahoots with each other and grab the passports of NRIs and hold them hostage. This is the reason that most NRIs don’t show up and submit to the jurisdiction of the courts in India.

Here is the judgment:

Karrar Hussain Vs. State of U.P. – 2007



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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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