Archive for the 'RICHA KAPOOR' Category

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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Students Who Find Jobs Abroad To Be Taxed

This is a deviation from 498A and related issues, but it fits in with the idiocy that appears to have taken over some of the ministries of the GOI. This time, it is the HRD ministry.

Here is the article

Basically the HRD ministry, headed by the accused in a 498A, Arjun Singh, has come up with another asinine proposal whereby students who graduate from the IITs and the IIMs (maybe other places too) will now need to pay if they find jobs in other countries. They are planning to call it “graduate tax” and “exit tax”,

If the country needs money so desperately, sure, no problem. I am sure the students will willingly pay taxes. Would GOI also consider widening the tax base to include, the friends and relatives of the ruling establishment? I guarantee that this will definitely bring in more money into the treasury than the taxing a few students.

GOI should remember, that it is the Indian students who have gone on to hold high positions in high tech US companies, and it is they who are contributing to the outsourcing boom in the country by steering business to India.

Any moron who suggests that expat students have not given back to their motherland, is just that, a moron.

Just another question. All of us pay taxes regularly and honestly. No choice there as we are taxed at source. The question I have is, what has the GOI given back to us, the average citizens? We can’t even walk into a govt office without having to pay a bribe.

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The Judgments Of Justice Shiv Narain Dhingra

Matrimonial home is  not just a building made of bricks and walls. It is a home/place comprising of sweetness of relations of family members and elders, full of blessing.

-Justice Shiv Narain Dhingra

Justice Dhingra was a judge of the Delhi High Court. I learned about him from an article written by the Indian feminazi, Indira Jaising, to tarnish his reputation. As I read his judgments, I realized that he is an upright judge and Indira Jaising was maligning him with some silly but vicious motive.

Here is the link to that article by Indira Jaising: “It was a crime that I was born a woman”.

While talking about Indira Jaising, click here to know what she did to a lady in violation of article 21 of the Indian Constitution, and in disregard of the right to due process (Indira Jaising had a woman whose brother was having marital issues jailed. The lady was released after her brother paid his estranged wife $100,000).

Read this article to know more about Justice Dhingra:

http://www.rediff.com/news/mar/17rai3.htm

The same in pdf format if it disappears:

Rediff on the NeT: The judge who took on Parliament and politicians

Justice Dhingra took many steps to end the extortion in the name of Section 498A in Delhi. He started with the judgment that changed it all:

Smt Neera Singh (498A Income tax) Judgment of 2007.

Here is a post with what additional details I could find about him:

Justice SN Dhingra

Here’s his Linked in profile:

http://in.linkedin.com/pub/shiv-narayan-dhingra/29/293/597

The residents of Delhi have a lot to thank this judge for. Read the article below to understand what I mean:

Here is a collection of some of his most relevant judgments for fighting 498A cases. For the beleaguered lot entangled in 498A cases across India, these judgments are a gift from a god.

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SC Judgment: Maneka Gandhi Vs Union Of India (1978)

Folks,

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.

It was held that procedure established under Art.21 has to be reasonable and not violative of Art.14.

In effect, the SC interpreted this as a case for due process. The article from the Hindu is given below:

http://www.thehindu.com/2004/09/26/stories/2004092600471600.htm

This site has more info:

http://www1.umn.edu/humanrts/edumat/IHRIP/circle/justiciability.htm

Here is the judgment of the SC:

http://indiankanoon.org/doc/1766147/

Here is a pdf of the same for printing:

Maneka Gandhi vs Union Of India on 25 January, 1978

A warning! It is a 144 page judgment.

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SC: Stray Acts Do Not Constitute Mental Cruelty (1999)

Folks,

I came across this judgment. I really wish that divorce, as painful as it is, should be granted, if the grounds are reasonable. In this day and age, how does one live with a person who is unreasonable, be it male or female ?

In this judgment, divorce is not granted. However, the interesting thing about this judgement is that the SC says that one of the functions of the Womens Protection Cell is to mediate and attempt to bring about a reconciliation. For those of you, who are being hounded by the WPC, this judgment may be  useful in getting them back in line.

Here is the judgment:  Stray Acts Do Not Constitute Mental Cruelty

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What Is An Interpol Red Corner Notice?

Folks,

There is not a lot of clarity about what a Red Corner Notice means. Here is an explanation from the Interpol Press Office. Also, if you are facing an Red Corner Notice, most western countries will not just put you on a flight and deport you. There are quite a few formalities that need to be completed and a local judge needs to be convinced that you have done something terribly bad to deserve to be deported. And if you choose to fight the extradition, the other side will need to spend a LOT of $$$$ to really get you out. So, if some one is threatening you with a Red Corner Alert, then wish them the best and go about your life. The only drawback is that you may not be able to go back to India. One last thing, you may be able to get a stay on the NBW so the Red Corner Alert is moot. Again, cross check with lawyers who are well versed in all this.

Here is a link that contains information about the different notices: Interpol Notices

DIG Vinay Ranjan Ray Explains The Process Of Having An RCN Issued

You can read about NRIs and Interpol’s most wanted here:

Interpol’s Most Wanted – NRI Grooms Not Amongst Them

For those of you in the US, don’t worry about extradition or what ever. The US is one country in the world where due process is still given primary importance. Here is an an entry from the Dept Of Justice Handbook for prosecutors.

Here is the link to the US DOJ procedures on extradition.

For those of you in the US, here is an interesting link to a Bloomberg.com News article on US extradition.

More Information: http://www.interpol.int/Public/ICPO/LegalMaterials/FactSheets/FS13.asp#1

Here is a link to the CBI website if you want to check if your handsome face is posted on the wanted list.

Technically, what is an Interpol Red Corner Alert ?

  • It is one of the ways in which Interpol informs its 186 member countries that an arrest warrant has been issued for an individual by a judicial authority.
  • It is not an international arrest warrant.
  • The individuals concerned are wanted by national jurisdictions and Interpol’s role is to assist national police forces in identifying or locating those individuals with a view to their arrest and extradition.
  • Red Notices are only issued to Interpol member countries if the requesting National Central Bureau (NCB) has provided all the information required by the General Secretariat, including details of a valid arrest warrant for the country in question.
  • Interpol’s General Secretariat does not send officers to arrest individuals who are the subject of a Red Notice.
  • Many of Interpol’s member countries however, consider a Red Notice a valid request for provisional arrest, especially if they are linked to the requesting country via a bilateral extradition treaty. In cases where arrests are made based on a Red Notice, these are made by national police officials in Interpol member countries
  • Interpol cannot demand that any member country arrest the subject of a Red Notice..

In reality, if you are an Indian national, what would a Red Corner Notice mean to you? (The answers are given by a couple of guys who commented on this blog)

A red corner notice is actually “a spot out device on the immigration computer”. When a passenger checks in or checks out of India at the international immigration counter, the moment the passengers passport number is fed in ”a red flag appears” beside it to alert the immigration officer that this person is wanted by the police of any police station in India.The passenger is detained irrespective of nationality and the airport police take that passenger away to the nearest police station, for the sole reason of extorting money by any means. The highest rate is an American national, second comes a brutish national, because the conversion rate of the dollar and the pound is the best to bargain so the passengers of these nationalities are supposed to be gold nuggets for the immigration officers who are always on the prowl to make a buck. A criminal nexus is then arranged between the immigration officers and the police and the passenger is harassed in every possible way!

“Look-Out-Circulars” by Indian police are posted at every airport in India to catch innocent people who are entering India through any international airport while getting their passport checked. These stations are at Raja- Sansi -Amritsar, IGI Airport Delhi. Bombay, Calcutta and Madras. The moment your passport number is entered a red flag appears beside your name and your case details come up on the screen after which being detained for hours you are taken to a police station where your passport will be detained and given back to you only after you pay a hefty bribe to the concerned officials beware!!!!

Read the comments on this post to understand more.

News Articles:

Also, read this to understand and survive this mess, if you are a non resident Indian national facing a 498A: A Guide To Surviving IPC 498A

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Justice Dhingra Quashes A 498A FIR

Folks,

I came across this judgment by Justice Dhingra quashing a 498A . This was a case of compromise between the hubby and wife. Nothing special about this judgment.

You can read it here: Justice Dhingra Quashes A 498A FIR

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What Is Habeas Corpus ?

Folks,

This term has come up pretty often, so I thought of posting a clarification on this. Applies to NRIs.

Again, this is not legal advice. This is a non binding FYI only.

Here is the file: What Is Habeas Corpus ?

Here is a SC Judgment on Habeas Corpus:

Habeas Corpus-Thokchom Lokendra-SC-Judgment

Here are some SC judgments on Habeas Corpus:

Here is an example of the use of Habeas Corpus: ”

Habeas Corpus filed to produce arrested Maoists

A Habeas Corpus petition was filed before the Madras High Court to produce three Maoists who were arrested by Special Task Force police in Tirupur on July 9.
In his petition, Centre for Protection of Civil Liberties General Secretary G Haribabu contended that the three Maoists- Sundarmurthy(30), Karthik(25) and Easwaran(23) were arrested by the special police team actually on July eight and not on July nine.
Mr Haribabu submitted that the three were not produced before any court or remanded in judicial custody so far and the relatives of the arrested fear that the three were in illegal custody.
He prayed the High Court to issue a writ of Habeas Corpus to produce the arrested persons before the court as per Article 226 of the Constitution.
For the Government of Tamil Nadu, the respondent in the case, Home Department Secretary, “Q” Branch CID Superintendent of Police and the Special Task Force Additional Director General of Police were present when the petition was taken up for hearing.”

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TN Police FAQ

Came across this too. These guys are good.

Here is the link: http://www.tn.gov.in/police/faq.htm

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Justice Dhingra Has Been Reassigned

I heard that Justice Dhingra has been reassigned to deal with civil issues.

I really hope that this is a rumor. Thanks to him, a lot of us are now able to fight back.

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Approaching The Supreme Court Of India

I always believed that approaching the Supreme Court was a Herculean task. That I would need to hire an expensive lawyer and other misconceptions. The reality is different. It is with a view to providing easy and inexpensive access to the Supreme Court and giving legal advice that the Supreme Court Legal Services Committee (SCLSC) has been constituted under the Legal Services Authorities Act, 1987.

When can you approach the SCLSC?

You can approach the SCLSC in two situations:

1.You need to file or defend a case in the Supreme Court. This would include:

    • Appeals/Special Leave Petitions, Civil or Criminal, against an order of the High Court.
    • Petition for violation or enforcement of your fundamental right. This includes:
      • Habeas Corpus petitions- where a close friend or relative is missing or illegally taken away and whose whereabouts you do not know
      • Petitions challenging the legality of government action or inaction
      • Petitions challenging the legality of a legislation or order of government that violates your fundamental right.
    • Petition for transferring a case, civil or criminal, pending in one State to another State within India.

2. You need legal advice regarding your problem.

To file a case you need to fulfill certain eligible criteria. One of them is that you need to be a woman. If the Fundamental Rights of your family are violated by an officer of the law, be it a police officer or a magistrate, then get the women of your family to bring this to the attention of this committee.

Your mom will be the best bet for being eligible for aid as most of our moms are home makers with no sources of income. They’ve raised you to be a decent human being and have sacrificed a lot for us. Tell them that it just another battle as the laws have tied your hands and have deprived you of your ability to fight back.

Like all things in India, don’t expect this to be an easy process. All the same, from what I’ve seen of the Judicial system in India, the higher echelons of the Judiciary are untainted and disciplined. I expect that you’ll get a decent shot at justice.

For obtaining legal advice, you can call at the office of the SCLSC on any working day between 10.30 a.m. and 5 p.m.. Or you could send in a query by post, for which you should receive a reply within fifteen days. If the query is sent by e-mail, you could expect a reply sooner. Again, there are no charges for legal advice.

If you have any queries, you may contact :

The Secretary

Supreme Court Legal Services Committee
109, Lawyers’ Chambers,
Supreme Court Compound,
New Delhi-110 001

Ph. Nos. 23388313, 23073970, 23381257
e-mail : sclsc@nic.in

Here is the link to the site with the FAQ: http://sclsc.nic.in/faq.htm

Here is the link to the site index: http://sclsc.nic.in/

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What Is IPC 498A ?

What Is IPC 498A ?

You can get a good idea from here: http://en.wikipedia.org/wiki/498a

Here is some more info compiled by Maksim Gorky. Some links may be inactive.

You can get a good idea about the law here:

    What Is IPC 498A?

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    A Possible Reprieve For NRIs On The Run

    Folks,

    Here is a judgment from Justice Dr. Pasayat. I haven’t been able to find the stay order yet, but here is the article from HT: Reprieve For NRI

    There is a strong possibility that you may get the NBWs stayed by applying for a reprieve from the Supreme Court. I am sure that you can pull this off with a 498A as well.

    I will post the orders as soon as I find them.

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    The Police Should Always Avoid Arresting A Person: Justice JD Kapoor

    Folks,

    A news item.

    Here is the definitive Judgment by Justice JD Kapoor of the Delhi High Court: The Police Should Avoid Arrest

    You cannot be arrested on the basis of a mere allegation under IPC Sec 498A.

    This is the law of the land and each time the cops arrest you, they are breaking the law and are in contempt of Court. Please have these judments with you if you anticipate a 498A against you. Atleast shield your parents and siblings. I didn’t know and I failed to do so.

    Here is what Justice JD Kapoor says.

    __

    19. It appears that the learned Special Judge was labouring under a misconception that in every non-bailable and cognizable offence the police is required to invariably arrest a person, even if it is not essential for the purpose of investigation.

    20. Rather the law is otherwise. In normal and ordinary course the police should always avoid arresting a person and sending him to jail, if it is possible for the police to complete the investigation without his arrest and if every kind of co-operation i s provided by the accused to the Investigating Officer in completing the investigation. It is only in cases of utmost necessity, where the investigation cannot be completed without arresting the person, for instance, a person may be required for recover of incriminating articles or weapon of offence or for eliciting some information or clue as to his accomplices or any circumstantial evidence, that his arrest may be necessary. Such an arrest may also be necessary if the concerned Investigating Officer or Officer-in-Charge of the Police Station thinks that presence of accused will be difficult to procure because of grave and serious nature of crime as the possibility of his absconding or disobeying the process or fleeing from justice cannot be ruled out.

    21. The liberty of a citizen is of paramount importance and a constitutional guarantee and cannot be incised and therefore the police or Investigating Agencies should not remain under the impression that in every cognizable and ”non-bailable” offence the y should invariably arrest the offender. Power to arrest is altogether different than the need for arrest. Unless a person is required for custodial interrogation and investigation cannot be completed without his arrest, arrest may be necessary. In c se investigation can be completed without his arrest and he extends all kind of co-operation, he should not be arrested. No authority howsoever powerful or mighty can be allowed to deny a person his liberty as it hits at the very foundation of democratic structure. In this regard, I cannot resist the temptation of reproducing the observations made by the Supreme Court in Joginder Kumar vs. State of UP and ors. (1994) 4 SCC 260 which are very pithy and have force in law. These are as under:- ”No arrest can be made because it is lawful for the Police Officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart fro his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a Police Officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as o the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter.”

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    Delhi HC: Go Beyond Prosecutions Case For Truth

    Folks,

    A new judgment from Justice Dhingra.

    Here is the article from HT. I do hope they don’t file charges against me for copyright issues. The idea is to disseminate only: Go Beyond Prosecutions Case For Truth

    Here is the judgment: Surender Kumar Acquitted 498A

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    Supreme Court Judgments On Human Rights

    The Supreme Court has clearly established that primary importance will be given to due process when a citizen is the accused in any offence.

    Here are a some judgments compiled by CHRI: HUMAN RIGHTS AND POLICING

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    Delhi HC: Do Not Entertain Frivolous Dowry Cases

    Justice Dhingra has come out with another landmark judgement. Here is the newspaper article:

    Here it is

    Here is the judgment: Sangeetha Kalra Judgment-Mar-02-2006

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    The Indian Passport Act

    Folks,

    You may get a copy of the Indian Passport Act From Here

    SC-Police Or Courts Cannot Impound Passport (Jan 2008)

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    A Survivor’s Guide To IPC 498A

    The Survivor’s Guide To IPC498A has been consolidated into The 498A Survival Kit. Click on the link below:

    The 498A Survival Kit

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    Justice SN Dhingra

    Folks,

    Here is a profile of Justice Shiv Narain Dhingra of the Delhi High Court.

    Justice Dhingra ended the extortion racket known as Section 498A/IPC in National Capital Region (NCR) through his judgments, starting with the Smt Neera Singh (Verify Income Tax) judgment of 2007.

    Below are a collection of his important judgments related to domestic issues such as 498A, CrPC 125 and the DV Act:

    The Judgments Of Justice Shiv Narain Dhingra, Delhi HC

    It looks like he gets the difficult cases as well:

    Justice Dhingra ruled in a case relating to the carnage in 1984.

    Here is an excerpt of his judgment

    THE Carnage Justice Committee (CJC) set up for the riot victims cites Tyagi’s case as an example of how easy it was for some police officials to escape punishment. The members of the CJC quote the landmark judgment of the Additional Sessions Judge, Delhi, Justice S.N. Dhingra. In his judgment Justice Dhingra said: “The then SHO Shoor Veer Singh Tyagi showed his shoorvirta by getting the innocent persons killed. His successor Satvir Singh Rathi showed his ‘love for truth’ by suppressing the truth and eliminating whatever possible evidence against the culprits that could be eliminated. Other police officials of Kalyanpuri faithfully followed their instructions for not taking any action.”

    There is yet another reason that I say that he is great.

    Indira Jaising, the famed Indian Feminazi, led a campaign to smear him and  intimidate him.

    She also wrote silly articles  attacking justice Dhingra such as  ‘It was a crime that I was born a woman’.

    Here is a video of the Afzal case on youtube where she is seen defaming him.

    This Feminazi now finds her rear end kicked all over the Internet, for attacking this noble judge, by bloggers affected by the BS she has been peddling.

    Here is another aspect of the coordinated attack on Justice Dhingra:

    “There was a small group of citizens, including veteran socialists, civil liberties activists and democratic Indians who were deeply concerned over the fact that the new anti-terrorist law made it virtually impossible for any accused to prove his innocence. And they believed Geelani when he said he was innocent. The challenge before this small but committed group of Indian citizens was how to turn public opinion – to make people aware of the dangers of convicting people merely on the basis of police suspicion, without a fair trial, and to create a climate where the life and liberty of a fellow citizen could not be sacrificed at the altar of national chauvinism. This appeared an impossible task even when some of the country’s most prominent citizens formed themselves into the All India Committee for the Defence of S.A.R. Geelani. We will leave it to history to judge whether Geelani and the other three accused were given a fair trial in the designated court. In the defence committee’s view the judge, S.N. Dhingra, made no effort to mask his prejudice, forcing teachers of Delhi and Jawaharlal Nehru University to write an open letter to the Chief Justice of the Supreme Court to ensure a fair trial for Geelani.”

    Nandita Haksar says: “There was a small group of citizens, including veteran socialists, civil liberties activists and democratic Indians who were deeply concerned over the fact that the new anti-terrorist law made it virtually impossible for any accused to prove his innocence.”

    And I ask her where these bleeding heart citizens, socialists and random junta are, when women and children are being arrested under 498A with no chance given to prove their innocence. The accused in the Parliament attack got out faster than those falsely implicated in a 498A case.

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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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    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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