Archive for the 'Interpol' Category

Interpol’s Most Wanted – NRI Grooms Not Wanted

This post is  about contrasting the dangerous fugitives wanted by Interpol with the bogus ones (non resident Indian, NRI, grooms) designated as such by the Indian police.  As expected, NRI victims of the 498A extortion racket are not on the Red Corner Notice (RCN) list of the most dangerous fugitives wanted by Interpol.

You can see the list of Interpol’s most wanted here:

http://www.interpol.int/Public/NoticesUN/Search/Recent.asp

To all of you NRIs threatened with RCN notices and extraditions, don’t worry about it. It is not going to happen.

This is how it worked.  If an NRI had marital issues, his Indian bride would run back to India and file a 498A case against him. If he failed to pay the demanded amount, the bride, in collusion with the police would try to bring him back to India — to have him arrested on arrival. If all attempts to entice him to India failed, the police issued an RCN against him.  Before long, Interpol was receiving numerous RCNs from India; mostly for 498A cases. “Pussy Politics” Umapathi used to boast about the effectiveness of this tactic in coercing NRIs to settle their 498A cases.

Interpol stopped issuing  RCNs in 498A cases — effectively ending a tool of extortion used by the corrupt AP Police. They realized that they were being used in this extortion racket.

Here is a picture of this myopic IPS officer, hobnobbing with the likes of Indira Jaising. Our man had been out playing pussy politics instead of working to end the trafficking of vulnerable Indian women.

IGP-Umapathy

To put things in perspective, lumping NRIs (mostly techies), battling 498A charges in India, with the likes of Dawood Ibrahim and Osama Bin Laden, is ridiculous. This is a very poor reflection on the integrity and intelligence (or lack of) of officers of the Indian police force, such as “Pussy Politics” Umapathi.

SIF volunteers designated him a pinhead for these actions. You can read about that below:

Umapathi-Pinhead

“Pussy Politics” Umapathi is supposed to have lobbied hard to re-instate RCNs against NRI grooms — to no avail.  I’m sure it hurt to see the end of such a profitable revenue stream.

You can read about that here:

While on the topic of pussy politics, let this be a warning to all you officers of the Indian police force indulging in the same — you are being watched.

Interpol’s decision to eliminate 498A RCNs is a result of persistent efforts by US based NRIs caught up in this racket.  You can read about the elimination of one such RCN against an NRI  here:

A 498A Fighter Gets Interpol To Cancel His RCN

Thank you Interpol for waking up to this extortion racket !!!

Given below is the Interpol most wanted list. As you can see, NRI grooms aren’t amongst them !

Interpol-Most-Wanted____________________________________

A 498A Fighter Gets Interpol To Cancel His RCN

Folks,

here is the confirmation letter from Interpol about the deletion of his name from the Interpol Red Corner Notice.

The address to petition Interpol  is given below:

INTERPOL
Commission for the control of interpol files
200 Quai Charles De Gaulle
69006 LYON
FRANCE

As a bonus, Interpol has decided to stop the issuance of RCNs in 498A cases – despite of the best efforts of IGP “Pussy Politics” S Umapathy. Below is a snapshot of the DC article followed by the letter from Interpol, informing Naveen of the elimination of the RCN against him.

Interpol RCN news

Congratulations Naveen !

naveen-interpol-response1

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National Human Rights Commission (NHRC) Guidelines On Arrest

Here is the original : Guidelines on Polygraph Tests And Arrests

You can download the pdf of my version, for printing here:

NHRC GUIDELINES REGARDING ARREST (pdf)

Need for Guidelines:

Arrest involves restriction of liberty of a person arrested and therefore, infringes the basic human rights of liberty. Nevertheless the Constitution of India as well as International human rights law recognise the power of the State to arrest any person as a part of its primary role of maintaining law and order. The Constitution requires a just, fair and reasonable procedure established by law under which alone such deprivation of liberty is permissible.

Although Article 22(1) of the Constitution provides that every person placed under arrest shall be informed as soon as may be the ground of arrest and shall not be denied the right to consult and be defended by a lawyer of his choice and S.50 of the Code of Criminal Procedure, 1973 (Cr. PC) requires a police officer arresting any person to “forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest”. in actual practice these requirements are observed more in the breach. Likewise, the requirement of production of the arrested person before the court promptly which is mandated both under the Constitution [Article22(2)] and the Cr. PC (Section 57] is also not adhered to strictly.

A large number of complaints pertaining to Human Rights violations are in the area of abuse of police powers, particularly those of arrest and detention. It has, therefore, become necessary, with a view to narrowing the gap between law and practice, to prescribe guidelines regarding arrest even while at the same time not unduly curtailing the power of the police to effectively maintain and enforce law and order and proper investigation.

PRE-ARREST

Ø The power to arrest without a warrant should be exercised only after a reasonable satisfaction is reached, after some investigation, as to the genuineness and bonafides of a complaint and a reasonable belief as to both the person’s complicity as well as the need to effect arrest. [Joginder Kumar’s case- (1994) 4 SCC 260).

Ø Arrest cannot be justified merely on the existence of power, as a matter of law, to arrest without a warrant in a cognizable case.

Ø After Joginder Kumar’s pronouncement of the Supreme Court the question whether the power of arrest has been exercised reasonably or not is clearly a justiciable one.

Ø Arrest in cognizable cases may be considered justified in one or other of the following circumstances:

(i) The case involves a grave offence like murder, dacoity, robbery, rape etc. and it is necessary to arrest the suspect to prevent him from escaping or evading the process of law.

(ii) The suspect is given to violent behaviour and is likely to commit further offences.

(iii) The suspect requires to be prevented from destroying evidence or interfering with witnesses or warning other suspects who have not yet been arrested.

(iv) The suspect is a habitual offender who, unless arrested, is likely to commit similar or further offences. [3rd Report of National Police Commission]

Ø Except in heinous offences, as mentioned above, an arrest must be avoided if a police officer issues notice to the person to attend the police station and not leave the station without permission. (see Joginder Kumar’s case (1994) SCC 260).

Ø The power to arrest must be avoided where the offences are bailable unless there is a strong apprehension of the suspect absconding .

Ø Police officers carrying out an arrest or interrogation should bear clear identification and name tags with designations. The particulars of police personnel carrying out the arrest or interrogation should be recorded contemporaneously, in a register kept at the police station.

ARREST

Ø As a rule use of force should be avoided while effecting arrest. However, in case of forcible resistance to arrest, minimum force to overcome such resistance may be used. However, care must be taken to ensure that injuries to the person being arrested, visible or otherwise, is avoided.

Ø The dignity of the person being arrested should be protected. Public display or parading of the person arrested should not be permitted at any cost.

Ø Searches of the person arrested must be done with due respect to the dignity of the person, without force or aggression and with care for the person’s right to privacy. Searches of women should only be made by other women with strict regard to decency. (S.51(2) Cr.PC.)

Ø The use of handcuffs or leg chains should be avoided and if at all, it should be resorted to strictly in accordance with the law repeatedly explained and mandated in judgment of the Supreme Court in Prem Shanker Shukla v. Delhi Administration [(1980) 3 SCC 526] and Citizen for Democracy v. State of Assam[(1995) 3 SCC 743].

Ø As far as is practicable women police officers should be associated where the person or persons being arrested are women. The arrest of women between sunset and sunrise should be avoided.

Ø Where children or juveniles are sought to be arrested, no force or beatings should be administered under any circumstances. Police Officers, may for this purpose, associate respectable citizens so that the children or juveniles are not terrorised and minimal coercion is used.

Ø Where the arrest is without a warrant, the person arrested has to be immediately informed of the grounds of arrest in a language which he or she understands. Again, for this purpose, the police, if necessary may take the help of respectable citizens. These grounds must have already been recorded in writing in police records. The person arrested should be shown the written reasons as well and also given a copy on demand. (S.50(1) Cr.PC.)

Ø The arrested person can, on a request made by him or her, demand that a friend, relative or other person known to him be informed of the fact of his arrest and the place of his detention. The police should record in a register the name of the person so informed. [Joginder Kumar’s case (supra)].

Ø If a person is arrested for a bailable offence, the police officer should inform him of his entilement to be released on bail so that he may arrange for sureties. (S.50(2) Cr.PC.)

Ø Apart from informing the person arrested of the above rights, the police should also inform him of his right to consult and be defended by a lawyer of his choice. He should also be informed that he is entitled to free legal aid at state expense [D.K. Basu’s case (1997) 1 SCC].

Ø When the person arrested is brought to the police station, he should, if he makes a request in this regard, be given prompt medical assistance. He must be informed of this right. Where the police officer finds that the arrested person is in a condition where he is unable to make such request but is in need of medical help, he should promptly arrange for the same. This must also be recorded contemporaneously in a register. The female requesting for medical help should be examined only by a female registered medical practitioner. (S.53 Cr.PC.)

Ø Information regarding the arrest and the place of detention should be communicated by the police officer effecting the arrest without any delay to the police Control Room and District / State Headquarters. There must be a monitoring mechanism working round the clock.

Ø As soon as the person is arrested, police officer effecting the arrest shall make a mention of the existence or non-existence of any injury(s) on the person of the arrestee in the register of arrest. If any injuries are found on the person of the arrestee, full description and other particulars as to the manner in which the injuries were caused should be mentioned in the register, which entry shall also be signed by the police officer and the arrestee. At the time of release of the arrestee, a certificate to the above effect under the signature of the police officer shall be issued to the arrestee.

Ø If the arrestee has been remanded to police custody under the orders of the court, the arrestee should be subjected to medical examination by a trained Medical Officer every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. At the time of his release from the police custody, the arrestee shall be got medically examined and a certificate shall be issued to him stating therein the factual position of the existence or nonexistence of any injuries on his person.

POST ARREST

Ø The person under arrest must be produced before the appropriate court within 24 hours of the arrest (Ss 56 and 57 Cr.PC).

Ø The person arrested should be permitted to meet his lawyer at any time during the interrogation.

Ø The interrogation should be conducted in a clearly identifiable place, which has been notified for this purpose by the Government. The place must be accessible and the relatives or friend of the person arrested must be informed of the place of interrogation taking place.

Ø The methods of interrogation must be consistent with the recognised rights to life, dignity and liberty and right against torture and degrading treatment.

ENFORCEMENT OF GUIDELINES

1. The guidelines must be translated in as many languages as possible and distributed to every police station. It must also be incorporated in a handbook which should be given to every policeman.

2. Guidelines must receive maximum publicity in the print or other electronic media. It should also be prominently displayed on notice board, in more than one language, in every police station.

3. The police must set up a complaint redressal mechanism, which will promptly investigate complaints of violation of guidelines and take corrective action.

4 The notice board which displays guidelines must also indicate the location of the complaints redressal mechanism and how that body can be approached.

5. NGOs and public institutions including courts, hospitals, universities etc., must be involved in the dissemination of these guidelines to ensure the widest possible reach.

6. The functioning of the complaint redressal mechanism must be transparent and its reports accessible.

7. Prompt action must be taken against errant police officers for violation of the guidelines. This should not be limited to departmental enquiries but also set in motion the criminal justice mechanism.

8. Sensitisation and training of police officers is essential for effective implementation of the guidelines.

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Extradition, Criminal Prosecution And International Child Abduction

This is a very nice article that explains quite a few things about extradition by a law office.

Here is the link:

Criminal Prosecution and International Child Abduction

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Clarification On NRI Divorces

I am revisiting an old case, the YN Rao vs Venkatalaxmi, NRI divorce case. The crux of the matter is that the Supreme Court has stated, according to the article in TOI given below, that a foreign court has no authority to dissolve a marriage under the Hindu Marriage Act, IF, the person who filed the case in the foreign court is not domiciled (a permanent legal residence) in the jurisdiction of the foreign court.

Here is the link to the YN Rao Vs Venkatalaxmi judgment

Please read this article to understand what the court meant.

Finally read this post to understand the reality of broken NRI marriages and Indian court judgments

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Corruption

The abuse of 498A is basically a symptom of the endemic corruption at all levels of Indian public life.

Here are a bunch of links relating to corruption:

A Basic Guide To US Courts

This is a pdf prepared by the Iowa state Judicial Branch. Thought this would be useful to NRIs.

Download the pdf here: A Basic Guide To US Courts

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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 content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

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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