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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 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 and 506,
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,
Ministry of Home Affairs.
The passport
need to be impounded or revoked for the offences involving
MORAL TURPITUDE under section 10 (3) © (d).(e) (h). of Passport
Act.
Misuse
and Mockery of Indian law and Judiciary must be stopped and
Blackmailers punished.
Gope Lalwani
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