Misuse And Mockery Of Indian Laws And Judiciary
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 blackmailer.
NRI's and Indian Diaspora families are separated from
their near and dear ones in India. They can not invest
in India even if they want to invest in big way.
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 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.
She got US citizens arrested at Mumbai Air-port, while returning from short visit to India visiting 92 years old ailing grand Mother, in
June 2003 after about 2 months of receiving and acknowledging the
US Decree of divorce of April 2003, in which, she has been named "blackmailer and extortionist" in proceedings.
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, but the organisation's
lawyer withdrew as soon as it became clear that her case was
based on Blackmail and Extortion.
She has not made any allegations ( such as made in the police
complaint in India ) to the US women's organisation' or US police.
This is clear evidence of manipulation, misuse and naked abuse of
Indian Legal and Judicial System by the unscrupulous woman in
collusion with corrupt Indian Law enforcing machinery for Extortion.
Matter is legally very simple, that the marriage was solemnised 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 Indian Courts have no Jurisdiction at all is 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.
"CAW" Cells have to look into the complaints and thoroughly
investigate and justify the prosecution of accused.
"CAW" Cells after full Investigation have to hand over the case
to police for the prosecution.
In Mumbai, the "Maharashtra Commission for Women" (MCW)
is the designated competent authority.
The Officers designated to investigate the allegations before
recommending prosecution by 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 with connivance and
collusion of Indian Judicial Machinery
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.
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 also no evidence that any attempt is made to obtain
approval or any attempt was made, to inform to higher authorities,
so far as required by law.
Even higher authorities in police department of government of
Maharashtra were not informed about arrest of foreign nationals.
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 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.
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 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,
for filing false and fraudulent complaint for Blackmail and 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 punished.
Regards
Gope Lalwani
involving NRI's and Indian diaspora in the criminal cases
registered in India, without any punishment to the blackmailer.
NRI's and Indian Diaspora families are separated from
their near and dear ones in India. They can not invest
in India even if they want to invest in big way.
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 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.
She got US citizens arrested at Mumbai Air-port, while returning from short visit to India visiting 92 years old ailing grand Mother, in
June 2003 after about 2 months of receiving and acknowledging the
US Decree of divorce of April 2003, in which, she has been named "blackmailer and extortionist" in proceedings.
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, but the organisation's
lawyer withdrew as soon as it became clear that her case was
based on Blackmail and Extortion.
She has not made any allegations ( such as made in the police
complaint in India ) to the US women's organisation' or US police.
This is clear evidence of manipulation, misuse and naked abuse of
Indian Legal and Judicial System by the unscrupulous woman in
collusion with corrupt Indian Law enforcing machinery for Extortion.
Matter is legally very simple, that the marriage was solemnised 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 Indian Courts have no Jurisdiction at all is 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.
"CAW" Cells have to look into the complaints and thoroughly
investigate and justify the prosecution of accused.
"CAW" Cells after full Investigation have to hand over the case
to police for the prosecution.
In Mumbai, the "Maharashtra Commission for Women" (MCW)
is the designated competent authority.
The Officers designated to investigate the allegations before
recommending prosecution by 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 with connivance and
collusion of Indian Judicial Machinery
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.
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 also no evidence that any attempt is made to obtain
approval or any attempt was made, to inform to higher authorities,
so far as required by law.
Even higher authorities in police department of government of
Maharashtra were not informed about arrest of foreign nationals.
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 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.
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 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,
for filing false and fraudulent complaint for Blackmail and 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 punished.
Regards
Gope Lalwani
posted by gopelalwani at 2:32 PM
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