Monday, April 27, 2009

Why Interpol Stop issuing RCN's?


IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve:  July 15, 2010
Date of Order: August 11, 2010
W.P.(Crl.) No. 1315/2008  11.08.2010
SUMER SINGH SALKAN                         ... Petitioner  
Through: Ms. Malavika Rajkotia with Mr. Bandan Kumar, Advocates

Versus

ASSTT. DIRECTOR & ORS.                    ... Respondents
Through:  Mr. Vikas Pahwa, Standing Counsel for CBI, Mr. Pawan Sharma, APP for the State, Mr. D.K.
Sharma, SHO, P.S. Alipur. 

and

Date of Reserve:  July 20, 2010
Date of Order: August 11, 2010
Crl. Ref. 1/2006  11.08.2010

COURT ON ITS OWN MOTION RE:                               ... Petitioner  
Through: None. 
 
Versus
 
STATE VS. GURNEK SINGH ETC.                                 ... Respondents
Through: Mr. Sunil Sharma, APP
 
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?  Yes.
2. To be referred to the reporter or not?            Yes.
3. Whether judgment should be reported in Digest?        Yes.
 
JUDGMENT
 
1.   By the present petition the petitioner has sought recall of Look-out-Circular (LOC)  and Red Corner Notice (RCN) issued by Delhi Police and Interpol against the petitioner alleging that LOC and RCN were issued in arbitrary and malafide exercise of power by the respondent. 

2.  The  petitioner claimed that he was a Canadian citizen since January, 2004 and a person of Indian origin.  He had married one Ms. Reema Salkan, daughter of Prof. R.S. Mann, on 24th March, 2002 according to Hindu rites and ceremonies at Infantry Hostel, Delhi Cantonment, New Delhi.  At the time of  his marriage, the petitioner was living and working in Canada and he came to India on three weeks leave for the purpose of marriage.  The marriage was settled with Ms Reema through matrimonial advertisement in newspaper.  The facts reveal that wife of the petitioner was not able to join the petitioner in Canada, as difference arose between the parties in the very beginning.  The petitioner alleged that he was compelled to withdraw the sponsorship made by him for his wife  Reema in view of certain developments.   A  complaint against the petitioner and his parents and married sister was filed at Crime Against Women Cell (CAW Cell) under section 498-A/406 IPC making various  allegations.  Later on, an FIR was registered on 22nd April, 2003 on the basis of this complaint.  The parents and sister of petitioner obtained anticipatory bail  from the court. Since petitioner was in Canada, he could not be arrested by the police. Additional Deputy Commissioner of Police (North-West) wrote a letter dated 27th May, 2003 to Foreigners Regional Registration Office (FRRO)  for opening LOC against the petitioner.  This letter,  annexed with the petition,  shows that Addl. DCP asked RFFO to open an LOC against the petitioner at all India basis because of FIR under section 498A/406 of IPC, registered at Police Station - Alipur, Delhi.  Later,  a  letter seems to have also been written to Interpol Wing of  Central Bureau of Investigation (CBI) on 11th   June, 2003 for opening and  issuance of a Red Corner Notice and service of summons on the petitioner in Canada.  In response to this letter, CBI wrote a letter to Dr. R.K. Bansal, Asstt. Commissioner of Police (ACP), Sub Div. Narela, Delhi dated 15thJuly, 2003 and informed ACP that summons had been forwarded to Indian High Commission in Canada and also informed that in order to bring the petitioner to Delhi, charge-sheet should be filed and Non-Bailable Warrants (NBWs) of arrest should be obtained against the petitioner so that extradition proceedings could be initiated.  It was advised that a short self contained note be prepared and same be sent to Interpol Wing.  Further documents show that  the police declared  the petitioner as a “Wanted” person without any process issued through the Court and opened a file No. 6/SIO/2003 (77).   Asstt. Director of T.P. Section/SI Cell issued a letter to all Immigration Check Posts alerting them so that if the petitioner was detected, he should be detained and his detention should be conveyed to Shri R.S. Yadav, Addl. Deputy Commissioner of Police.  This letter was sent to all States D.G.Ps, all Seaports and all Airports. A copy of RCN, issued against the petitioner, is on record.  The RCN described the petitioner as “fugitive wanted for prosecution”.   A warning is there that the petitioner may be  “dangerous” and “violent”.  The RCN had the photograph of the petitioner and particulars.  In the particulars, the offences mentioned are section 498A, 406 and 34 of IPC and maximum possible penalty has been mentioned as ‘10 years’  imprisonment’.  (This must be  an  invention  made by ACP,  as far as IPC is concerned, the maximum punishment for offences under section 498-A & 406 of IPC is up to three years imprisonment.)
 
3.  A notice of the petition was served upon the respondent and  a status report was filed by SHO, P.S. Alipur, Delhi.  In the status report it has been stated that after registration of FIR, investigation was taken up and sister and parents of the petitioner were granted anticipatory bail, so they were formally  arrested. Since the petitioner was at Canada, he could not be arrested and LOC was got opened against him and also RCN was got issued against him, but the petitioner did not join investigation.  A charge-sheet was filed against the petitioner, his parents and his sister;  in which the petitioner’s name was kept in column 2.  It is  submitted  that LOC and RCN were got issued against the petitioner during investigation as there was sufficient evidence to show complicity of the petitioner  in commission of crime.    The NBWs were issued against the petitioner by the Court of learned Metropolitan Magistrate through Ministry of Home Affairs and the date fixed before the Court was 15th April, 2009. 

4.  The RCN, was widely published and also placed on internet.  It  shows that the petitioner was involved in crime of kidnapping including crime against life and health. It is submitted by CBI that family related crimes are classified in the category of  ‘kidnapping’  and that is why Interpol’s  public  website showed the crime of petitioner as  ‘kidnapping’.  However, on a protest of petitioner, the offence of kidnapping was deleted from ‘RCN’.

5.  This court also received a reference from ACMM, Patiala House Court regarding guidelines for issuance of LOC and for closure of LOCs.  Response of  the State/UOI was sought on this reference.  In its response, it is stated by UOI that there was no legal definition of LOC.  However, LOC was interpreted as a communication received from an authorized government agency with reference to a person who  is wanted by that agency for fulfillment of a legal requirement, to secure arrest of a person evading arrest, to nab a Proclaimed Offenders so as  to facilitate court proceedings by securing presence of under trials. 
It is stated that statutory backing for  issuance of LOC can be placed to Passport Act, 1967, sections 10A and 10B.  Section 10A gives power to a designated officer to suspend passport or render a travel document invalid for a period of 4 weeks and section 10B provides that every intimation given by the Central Government or the designated officer, to any immigration authority at an airport or any other point of embarkation or immigration, restricting or in any manner prohibiting the departure from India or any holder of the Passport or travel document. The other statutory provision relied upon is Section 41 of Cr. P.C. which requires police to arrest any person without warrants.   The LOC’s  are  issued  at the behest of  different agencies in accordance with Ministry of Home Affairs’ Circular No. 15022/13/78-F.1 dated 5th September, 1979, either to monitor the arrival/ departure of foreigners and Indians or to restrict arrival/departure of foreigners or Indians. 
It is stated that  LOCs are based on the originator’s request to send communication to various immigrations, check posts on the basis of substantive/ procedural laws in respect of persons wanted in some cases.  It is admitted that Ministry of Home Affairs’ office memorandum No. 15022/20/98-F.IV dated 27th December, 2000 requires that a request for opening of LOC must be issued with an approval of officer not below the rank of Deputy Secretary to the Govt. of India/ Joint Secretary in the State Government/ Concerned Supdt. of Police at district level and action on the LOC is to be taken in accordance with the directions of the originator.  LOC was a part of investigation technique. 
6.  A perusal of Interpol documents regarding issuance of RCN would show that the RCN /  ‘wanted notice’ are published in respect of offender wanted at international level and it requires that the subject may be arrested in certain country with a view to extradite him to the country where he  is wanted and following conditions are to be fulfilled:
-  The person against whom the notice is to be published has committed an offence against ordinary criminal law.
-  The offence is an “extraditable offence” under the Indian Extradition Act, 1962.
-  A warrant of arrest has been issued for his/her arrest. 
-  Extradition will be requested, at least from certain countries. 
7.  It is apparent that the offence for which an RCN can be issued must be extraditable offence in the country where the offence is originated and in the country where person is located and a warrant of arrest against the person had been issued.  
8.  In the present case, petitioner’s address  in Canada was well known  to the police as well as to the complainant.  No effort was made by the police to initiate extradition proceedings against the petitioner from Canada to Delhi despite the fact that even according to police; the petitioner is wanted since 2003.  The information given in RCN is that the petitioner emotionally tortured his wife while his family physically tortured his wife.  The RCN  requirements provide that the request has to be made to the country if the country is linked by Bilateral Extradition Treaty or by any other Convention or Treaty containing provision of Extradition Treaty.

9.  In another  case where LOC was issued at the behest of National Commission of Women (NCW)    titled as  Vikram Sharma & Ors Vs. Union of India & Ors., decided on 26th July, 2010, High Court observed as under:

“8. As regards the procedure for opening an LOC, reference is made to the MHA circulated dated 5th  September 1979. It is stated that: “Courts also open LOCs on various legal matters. LOCs are based on the originator‟s request who sent the communication to various immigrations check posts on the basis of substantive/procedural laws viz IPC, Cr.P.C., Custom Act, Income Tax Act, NDPS Act, etc. All these communications are related to accused/suspected persons wanted in some cases. Besides, different courts also issue these communications in the form of LOCs including LOCs against those person who evade their presence in the Court of law during the course of judicial trial.” 
9. It is further clear from the reply that in terms of a subsequent O.M. dated 27th December 2000 there is a specific proforma in which a request must be made for opening of an LOC and this should be issued  “with  the  approval  of  an  officer  not  below the rank of Deputy Secretary to the Government of India/Joint Secretary in the State Government/Concerned Superintendent of Police at district  level.”  A  copy  of  the  Office Memorandum dated 27th December 2000 enclosing proforma for request for opening an LOC has also been enclosed.
 
16. The question now is only for consequential relief that should be granted. The power to suspend, even temporarily, a passport of a citizen, the power to issue an  LOC,  the power  to  „off-load‟ a passenger and prevent him or her from travelling are all extraordinary powers, vested in the criminal law enforcement agencies by the statutory law. These are powers that are required under the law, to be exercised with caution and only by the authorities who are empowered by law to do so and then again only for valid reasons. Recently, in Suresh Nanda v. Union of India 2010 IV AD (Del) 53, this Court, after referring to the judgment of the Supreme Court in  Maneka Gandhi v. Union of India (1978) 1 SCC 248, observed:
“35. …There has to be application of mind by the authority to the relevant factors that would enable it to come to the conclusion that the impounding of the passport is in the interests of the general public. And then again, in the context of the criminal case which is still under investigation, this cannot be an opinion formed at one point in time. The public interest element will vary depending on the stage of the investigation. It cannot be said that as long as the investigation is not complete, it is not in public interest to release a passport. That would be giving too wide a power to the authority.” 
 17. In Bhim Singh v. State of J&K (1985) 4 SCC 677, a member of the Jammu & Kashmir Legislate Assembly was detained by the Police while on  his way to attend a session of the assembly. By the time the petition filed by him challenging his detention was heard, he had already been released. Nevertheless, the Supreme Court examined the case and concluded that his detention was unlawful. It then  proceeded to award him compensation after observing: 
 
“Custodians  of  law  and  order  should not become depredators of civil liberties. Their duty is to protect and not to abduct. However the two police officers, the one who arrested him and the one who obtained the orders of remand, are but minions, in the lower rungs of the ladder. We do not have the slightest doubt that the responsibility lies elsewhere and with the higher echelons of the Government of Jammu and Kashmir but it is not possible to say precisely  where and with whom, on the material now before us. We have no doubt that the constitutional rights of Shri Bhim Singh were violated with impunity. Since he is now not in detention, there is no need to make any order to set him at liberty, but suitably and adequately compensated, he must be. That we have the right to award monetary compensation by way of exemplary costs or otherwise is now established by the decisions of this court in Rudul Sah v. State of Bihar (1983) 3 SCR 508 and Sebestian M. Hongray v. Union of India AIR 1984 SC 1026. When a person comes to us with the complaint that he has been arrested and imprisoned with mischievous or malicious intent and that his constitutional and legal rights were invaded, the mischief or malice and the invasion may not be washed away or wished away by his being set free. In appropriate cases we have the jurisdiction to compensate the victim by awarding suitable monetary compensation. We consider this an appropriate case.”

This  High Court  concerning the issuance of LOC in  Vikram Sharma (Supra) gave following directions :

"19. Mr. Nanda, learned counsel appearing for Respondent No. 1 submitted that in order to ensure that such incidents do not recur, this Court should direct that further instructions/circulars  should be  issued clarifying the correct legal position. This Court finds that there are a large number of statutory commissions at the level of the Centre and the States which perform judicial functions and are vested with, for the purpose of conducting inquiries upon receiving complaints, the powers of a civil court. These include the National Human Rights Commission („NHRC‟), the NCW, the National Commission for Protection of Children‟s Rights. These statutory bodies, however, have not been vested with the powers of a criminal court and do not have powers to enforce criminal law. It is for the Government of India to take a  policy decision on whether it wants to vest such statutory tribunal/commissions with criminal law enforcement powers. Since as of today, they have no such power, it is imperative that the MHA should issue further clarificatory circulars or office memoranda  clearly stating that the request for issuance of LOCs cannot „emanate‟ from statutory bodies like the NCW. If at all, such bodies should bring the necessary facts to the notice of law enforcement agencies like the police, which will then make the request for issuance of an LOC upon an assessment of the situation, and strictly in terms of the procedure outlined for the purpose. This clarification will be issued by the MHA, in consultation with the other concerned agencies, including representatives of the statutory bodies referred to, within a period of 12 weeks from today.  

10.  In the present case, the LOC was issued against the petitioner soon after the registration of FIR.  It is alleged  by the petitioner  that LOC was  issued in view of the fact that complainant’s close relative was an IPS  officer.   This allegation of the  petitioner finds support from the fact that the  punishment  stated by the police to Interpol in respect of the offences committed has been deliberately given as 10 years while the prescribed punishment is maximum 3 years imprisonment.  The petitioner’s descripttion of being  ‘violent and dangerous’ also has been added malafidly, with ulterior motive, in view of the fact that allegations against petitioner were of only of emotional torture.  Offence of kidnapping was given as the reasons for issuance of RCN, which on the representation of petitioner was removed.  It is apparent that the LOC & RCN were issued for extraneous reasons by an officer who was not authorized.  The petitioner has also  highlighted the difference in  statements made by witnesses on different occasions.  Since the matter pertaining to these offences is subjudiced, it will not be appropriate to comment on this  aspect but suffice  it  to say that the action against the petitioner of issuing RCN was uncalled for in view of the fact that neither offence, for which the petitioner is facing trial in India, is an extraditable offence, nor any request for extradition of the petitioner has been made for the last 7 years despite knowing whereabouts of the petitioner.   I, therefore, consider it a fit case  for quashing the RCN issued against the petitioner at the behest of Delhi Police.  The RCN, is therefore, hereby quashed.   

11.  Look-out-Circular has  also  been issued against the petitioner as the petitioner is an accused before the Court of M.M. and he has not appeared before the Court of M.M.  If the petitioner gives an undertaking before the court for his appearance on a particular date, through his counsel, the Look-out-Circular issued against the petitioner shall be withdrawn within 24 hours of giving undertaking by the petitioner.    The questions raised in the reference are as under:

“A.   What are the  categories  of cases in which the investigating agency can seek recourse of Look-out-Circular and under what circumstances?

B.  What procedure is required to be followed by the investigating agency before opening a Look-out-circular?

C.  What is the remedy available to the person against  whom such  Look-out-Circular has  been opened?

D.  What is the role of the concerned Court when such a case is brought before it and under what circumstances, the subordinate courts can intervene?
  The questions are answered as under: 
A.  Recourse to LOC can be taken by investigating  agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing  in the trial court despite NBWs  and other coercive measures  and there was likelihood of the accused leaving the country to evade trial/arrest.

B.  The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC.  The competent officer alone shall give directions for opening LOC by passing an order in this respect. 

C.   The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him.  He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him.  LOC can be withdrawn by the authority that issued and can also be rescinded by the  trial  court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.  

D.  LOC is a coercive measure to make a person surrender to the investigating agency or Court of law.  The subordinate courts’ jurisdiction in affirming or cancelling LOC is commensurate with the jurisdiction of cancellation of NBWs or affirming NBWs.


12.
  The petitions stand disposed of in above terms.

SHIV NARAYAN DHINGRA, J.
AUGUST 11  , 2010
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Ministry of Women and Child Development15-February, 2011 20:22 IST
WCD Minister Krishna Tirath Opens National Seminar on “Issues Relating to NRI Marriages”
http://pib.nic.in/newsite/erelease.aspx?relid=78322


......


Shri D K Sikri, Secretary, Ministry of WCD said the seminar on NRI marriages is timely as it is very important to address the vulnerability of these NRI marriages. The problems of NRI marriages are more acute in States like Punjab, Kerala, Delhi, Gujarat and Andhra Pradesh. He cited two major problems, 
First abduction of children from NRI girls and 
Second, ladies who got married and had not gone abroad after marriage. He suggested that Government can still do something as far as issue of abduction of children is involved. 


Whereas the second problem of desertion is concerned, we do not have convention as for now. This is a matter of civil law and until and unless if there is criminality involved, we cannot indulge in extradition treaty. About 2.5 million people from Punjab go abroad to get NRI marriages, hence, urgent need to check the credentials of the NRI Grooms and sensitize relations about Do’s and Don’t’s in the NRI Marriages. 


......


Learn all about interpol and notices issued to 498a victims. http://www.cbi.gov.in/interpol/notices.php 
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On 7th August, 2009, a two Judges Bench in Bhavesh Jayanti Lakhani v. State of Maharashtra and Ors. (Crl. A. No.1452 of 2009) held that “the Municipal Laws of a country reign supreme in matters of Extradition.”
“A fundamental Right of a citizen whenever infringed, the High Courts having regard to their extraordinary power under Article 226 of the Constitution of India as also keeping in view that access to justice is a human right would not turn him away only because a Red Corner Notice was issued”, said the Bench. 

The Bench furthermore held that “if a violation of any order passed by a civil court is made the ground for issuance of a Red Corner Notice, indisputably, the court will enquire as to whether the same has undergone the tests laid down under Sections 13 and 44A of the Code of Civil Procedure”.
 

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April 21: Interpol, which issues Red Corner notices to arrest criminals all over the world, has stopped issuing notices pertaining to Section 498(A) (dowry harassment) cases registered in India. There are about 3,000 requests for red corner notices from Indian government pending with Interpol.

The inspector-general of CID, Mr S. Umapathi, said there are as many as 120 cases from Andhra Pradesh pending with Interpol for the past eight months.Sources in the CBI said Punjab tops the list with nearly 300 cases.

According to sources, there is no law pertaining to dowry harassment in US and other developed countries and hence the Interpol is in dilemma whether they can issue Red Corner notice based on the Indian law.
“The mater has been discussed with US embassy officials recently. However, there was no improvement in the status,” Mr Umapathi said. “There was no delay in other criminal cases,” he added.
The external affairs ministry had sent several representations to Interpol explaining the seriousness of the cases booked under Section 498 (A). However it failed to get any positive response from them.

Write to Interpol:

1. Commission for the Control of Interpol’s Files
200 Quai Charles de Gaulle
69006 LYON – France


2. INTERPOL-United States National Central Bureau -- Requests for INTERPOL-United States National Central Bureau records should be addressed to:

Dorothy S. Beaty
FOIA/PA Specialist
Office of General Counsel
INTERPOL-United States National Central Bureau
Department of Justice
Washington, DC 20530-0001
(202) 616-9000


Interpol is just an organisation and has no legal judiciary of the people living in US (irrespective of their status-H1/B1/L1/F1/H4/green card/citizen), so folks dont worry and loose your sleep on this minute feud, irrespective of your US status, if your are on H-1 your green card proceedings wont get effected due to 498A Interpol RCN.


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The following ruling pertains to extraditing an Indian citizen from India based just on an Interpol Red Corner Notice without the foreign government having issued a request for extradition.
In its present form, it would not apply to a foreign citizen hiding in India (several of whom have been extradited) or an Indian citizen hiding abroad against whom a RCN has been issued.

"the Supreme Court has ruled that an Indian citizen locked in a "matrimonial dispute" cannot be extradited to another country, as a "matrimonial dispute does not constitute an extraditable offence."
The apex court recognised that the husband violated US laws. "The husband came to India with the child in 2006 and in violation of US custody orders." But the SC held that merely the issuing of a "Red Corner" notice by a court abroad doesn't mean the arrest of the person is required. The foreign government needs to issue a request for extradition, which hasn't been done in this case."

http://www.dnaindia .com/india/report_matrimonial-offenders-can-t-be-extradited-sc_1280809

New Delhi: Ashwin and Dina Patel (names changed) got married in Mumbai in 2002. Soon after, they moved to the US and there, had a daughter, Seema. In 2005, Dina, on grounds of abuse, obtained an order of judicial separation from Ashwin from a US court. The court granted interim custody of Seema to Dina, and access to the child to Ashwin.

After Ashwin returned to India with their daughter, Dina filed a case against Ashwin in the US accusing him of kidnapping Seema. Consequently, the US police issued two arrest warrants against him: a custody violation warrant, and a kidnapping felony warrant. A Red Corner notice was also issued against Ashwin by Interpol, which was recently upheld by the Bombay High Court after a petition was filed by Ashwin seeking stay on the warrants and notice.
Now, the Supreme Court has ruled that an Indian citizen locked in a "matrimonial dispute" cannot be extradited to another country, as a "matrimonial dispute does not constitute an extraditable offence."
The apex court recognised that the husband violated US laws. "The husband came to India with the child in 2006 and in violation of US custody orders." But the SC held that merely the issuing of a "Red Corner" notice by a court abroad doesn't mean the arrest of the person is required. The foreign government needs to issue a request for extradition, which hasn't been done in this case. An act may be an offence in a particular country, but ifnot a crime in India, a citizen can't be extradited, ruled the bench comprising Justices SB Sinha and Mukundakam Sharma. Upholding the precedence of local laws over foreign enactments, the apex court said, "HC was, therefore, in our opinion, clearly wrong in holding that a Red Corner Notice should not be tinkered with."



Red corner notices are issued on terrorists, international mafia gangs, dreaded murderers. But in India RCN's are issued for matrimonial offences like ' He did not let me watch TV' or economic offences on wife for not giving enough money to kitty party. On the other hand blue corner notices are issued on others known to accused inorder to trace the whereabouts of the prime accused. You can read what a mockery Indian Police have made out of RCN's.

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NCW can not initiate criminal proceedings: HC
New Delhi, Aug 1 (PTI) :

The Delhi High Court has awarded a compensation of Rs 40,000 to a man who was off-loaded by immigration authorities from an aircraft here on the basis of a look-out circular issued by the NCW, saying statutory bodies are not empowered to initiate criminal proceedings.

The High Court said that the compensation award has to be equally shared by the National Commission for Women (NCW) and Foreigners Regional Registration Office (FRRO) for de-boarding Vikram Sharma, against whom no FIR was lodged in connection with a matrimonial dispute.

Sharma had approached the court alleging that the FRRO had acted illegally in off-loading and detaining him here in April 2008 at the instance of NCW where his wife had filed a complaint.

"This court is of the view that the action of NCW in writing to the DCP, FRRO for the issuance of LOC (look-out circular) against Sharma was without the authority of law. The consequent action of FRRO (which) resulted in the petitioner (Sharma) being detained at IGI airport on April 8, 2008 was also illegal," Justice S Muralidhar said.

The court asked the Ministry of Home Affairs (MHA) to issue clarification orders within three months stating that a request for issuance of LOC cannot emanate from statutory bodies like NCW, NHRC as well as National and State Commission for Protection of Child Rights which are vested with the powers of a civil court.

"The NHRC, the NCW, the NCPCR (National Commission for Protection of Child Rights) have not been vested with the powers of a criminal court and do not have powers to enforce criminal law," Justice S Murlidhar said.

"They should bring the necessary facts to the notice of law enforcement agencies like the police, which will then make a request for issuance of LOC upon an assessment of the situation and strictly in terms of the procedure outlined for the purpose," he said . Sharma had alleged that he was "made to stand in solitary confinement in a toilet" and his passport was stamped with the remarks "Off loaded-deported due to criminal complaint".

The court while accepting the plea of Sharma ordered removal of remarks from his passport.

When the incident had occurred, the NCW was seized of a complaint against Sharma in which his wife had expressed apprehension that her husband might flee the country to avoid the mediation process pending before it.

The NCW had sent a request for issuance of the look-out circular when the petitioner expressed his inability to appear before it.

Sharma had submitted that the Crime Against Women (CAW) cell of Delhi Police had also issued an LOC against him on his wife's complaint, but the same was later withdrawn after the case was transferred to Anti Extortion Cell of Delhi Police. 

17 comments:

  1. Use Interpol to bring back real criminals ONLY. I wish all IT guys suffering in USA because of RCN to bb peaceful. SHAME TO INDIA and WOMEN ORGANISATION NCW.. pheu !

    ReplyDelete
  2. Shame on Indian goverment to issue RCN on innocent victims. Nowadays, the woman have become liars when they dont like their husbands for their own reasons and misuse IPC498a. So many families has been destroyed by this IPC498a. It should be removed and when there is a dowry problem the police should investigate and find the truth but instead just file a FIR on 498a and harrass to make money..if this is how it goes, it is better for Indian men to marry somewhere else instead of Indian woman...

    ReplyDelete
  3. Shame on husband, who is hiding himself in other countries. And Also shame on those people who is helping to bloody husbands, who is ruined and destroy his wife life.Whenever post the comments please keep in mind every lady is not lier and not doing misuse of laws.Rather husbands are taking benefits of these suggetions.

    ReplyDelete
    Replies
    1. you all are scrupulous women ,hopeless women
      missusing law

      Delete
  4. It is amazing that anyone can say, Shame on Husband, Men are ultimatly the ones to pay the price regardless of whether he is in India or not. As the last poster say and I quote her, "Whenever post the comments please keep in mind every lady is not lier and not doing misuse of laws.Rather husbands are taking benefits of these suggetions." I apply the same rules for Men, every man who has to hide is not misusing the laws, first of all family matter such as Divorce should never be a Criminal matter, it is a grave violation of Human Rights on the Indian Governments behalf to make Divorce a Criminal Matter and allow women to make false allegations for monetary purposes. Ninety Five Percent, 95% of all 498a case are FALSE and are always settled out of court for huge sums of money, this is proof the cases are frivoulous in nature, and for these the Corrupted IPS applies for Red Corner Notices. Shame on the India Police Service and the Indian Government, this is not Democracy. If Men and Women are to be treated equally all laws should be applied equally, and should be Gender Neutral. Sad state of affairs is that if 498a was gender neutral there would be no more Corruption and benefits to the Police, Judiciary and Government, as such corruption is being bred.

    ReplyDelete
  5. Shame on the indian police and goverment, so many NRI families effected by this IPS 496a false case.Without any inquiry corrupted IPS applied Red Corner Alert to harrass NRI to make big money. Shame to girls families , who try to cash their daughter or get big amount from boy families. Under the law roof this is open corruption for the police and girls families.

    ReplyDelete
  6. IT IS HIGHLY OBJECTIONABLE TO NOTE THAT RCN ARE
    ISSUED FOR FALSE 498 A CASES , WHICH ARE PROMPTED
    BY THE POLICE HIGHER OFFICIALS OF THE RANK OF EVEN IPS like S.UMAPATHY WITH ULTERIOR MOTIVES MR.
    UMAPATHY THREATENS THE PEOPLE WITHOUT MAKING PROPER ENQUIREY OF THE COMPLAINTS RECEIVED WHICH ARE MOSTLY PROMPTED BY THE DEPARTMENT ITSELF . THIS HAS BEEN THE MONEY SPINNER FOR OVER 25 YEARS TO THE DEPARTMENT , PARTICULARLY TO THE OFFICERS
    LIKE UMAPAHTY WHO CLAIMS HIMSELF TO BE SENIOR OFFICER. NO BODY KNOWS WHY HE HAS HATRED FOR THE PEOPLE WHO STAY IN OTHER COUNTRIES. ALL HIS CASES RPOVED FALSE. HE ACTS AGAINST THE
    ESTABLISHED COURT DECISIONS OF THE APEX COURT ( SUPREME COURT OF INDIA )AND OTHER HIGH COURTS
    OF THE COUNTRY . HE FEELS HE IS HIGHLY POWERFUL AND CAN ARREST ANY BODY WITHOUT JUSTICE. HE CREATES FEAR FOR THE AGED PARENTS OF THE BOYS THAT HE WILL ARREST ON FRIDAY AND PUT THEM BEHIND SATURDAY AND SUNDAY BEING HOLIDAY FOR THE COURTS IN THESE DAYS. THE INTENTIONS ARE BAD . THE HUMAN RIGHTS COMMISSION SHOULD WARN HIM AND TAKE TO TASK FOR
    HIS ABUNDANT MISUSE OF SEC 498 A , POWER AND
    ARTICLE 21 OF THE CONSTITUTION.

    ReplyDelete
  7. It is quiet a bit happy moment for the boy families. It is a shame to the Indian Govt even Interpol denied the 498A cases still they did not removed from IPC. This is like a business in INDIA for the Girl families for the money sake.
    The Police Bastards with out enquiringly them made the false cases for getting the money.
    Like Umapathy known as an honest officer but in reality he is no 1 bastard though. One of my friend’s family literally suicide because of his order to the department. I think he is also no 1 corrupted people or else he is unknowingly doing all these things. If he is unknowingly doing these things then he is unfit for the job best to resign to his job.

    ReplyDelete
    Replies
    1. What about the NRI grooms who look for holiday marriages in India?
      They marry some innocent girl , take her to the forign land with him, beat her, torture her for money and other things, directly-indirectly harras her family too, then finally left her alone to die on road and flew away to some unknown place??
      Dont force your views on others. Such laws can help that victim lady by providing justice and by bringing back that culprit groom to India, so that he can be brought in front of the court, and punished ok??
      this is my real life story. people like you gave that b****** new and creative ideas to touture and harras me then leave me to die on road.
      he used to read and follow such articles and did everything with planning.
      f**** you all for spoiling my life and spoiling other girls life.
      i wish same happens with your sister, daughter or other important female in your life.

      Delete
  8. Mr Umapathy i think he is no 1 Bastard or he had borned by bitch.He is literally unfit for the job even though he is continuing. this is shame to Andhra Govt to continue with those type of Bastards for giving the orders without any enquiry in 498 A cases.

    ReplyDelete
  9. Shame on asshole girls who can go to any fucking extent to extort money............... I ask how is domestic voilence possible when ur husband is not even saying with you.?.... bitches like you are prostitutes and ur parents are ur touts who are basically trying to rip nris off......sell ur girls openly to satisfy ur greed mate!!

    ReplyDelete
  10. Really Shame IPC498a should be demolised. The greedy womens tool is 498 to extract more and more money, they will take with them after death. Bastards.........and even Indian laws is is sucking..without any proper investigation cases are on for years are years and sometime 20 yrs....i m victim fighting such cases for last 8 years with no progress and with this the demon women has filed all other criminal cases jsut for money....

    ReplyDelete
  11. This comment has been removed by a blog administrator.

    ReplyDelete
  12. What about the NRI grooms who look for holiday marriages in India?
    They marry some innocent girl , take her to the forign land with him, beat her, torture her for money and other things, directly-indirectly harras her family too, then finally left her alone to die on road and flew away to some unknown place??
    Dont force your views on others. Such laws can help that victim lady by providing justice and by bringing back that culprit groom to India, so that he can be brought in front of the court, and punished ok??
    this is my real life story. people like you gave that b****** new and creative ideas to touture and harras me then leave me to die on road.
    he used to read and follow such articles and did everything with planning.
    f**** you all for spoiling my life and spoiling other girls life.
    i wish same happens with your sister, daughter or other important female in your life.

    ReplyDelete
    Replies
    1. tume to jitna choda ajy utna kam hai salli RANDI
      TERI MAA BHI ANI HOGI AUR TU TO HAI HE

      Delete
  13. Hi Admin,

    Can you delte the psot on February 15, 2012 11:47 PM with the names of our family members.

    ReplyDelete

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The institution of marriage itself is gradually being put to test in contemporary Indian society with IPC 498A kind of laws, more so in urban pockets. More couples than before are opting not to tie the knot, preferring to simply live together instead. Cohabitation is common in a small number of advanced societies, some of which - like the Scandinavian countries - give live-in couples the same rights as those who are legally wed.

Marriage, therefore, is often a mere formality, or a matter of choice, in such societies. However, the reality in India is different. Due to a combination of social and religious factors, as well as the absence of safety nets and welfare, marriage is still an institution that is preferred over any other form of union. It is the fundamental relationship around which families are built and lend stability to social structures in India.

That said, it is crucial that we recognise the changes that are taking place. Instead of ruing the loss of old values, we would be better off gearing up for new realities. That includes updating our laws and social attitudes.
Add not fire to fire.
Do not throw the arrow that will return against you.
Beggars can never be bankrupt.
You can bear with your own faults, and why not a fault in your wife/husband?
Better an egg today than a hen tomorrow.
The child who gets a stepmother also gets a stepfather.
Where there is dowry there is danger.
Anger can be an expensive luxury.
The bachelors crave to get married, and the married ones regret why he got married.
O daughter, I’m telling you. O daughter-in-law, listen to this…..
Pray one hour before going to war, two hours before going to sea, and three hours before getting married.
Even the moon has spots.
It takes time to save time.
Comment is free but facts are on expenses.
It is wise to keep in mind that neither success nor failure is ever final.
Readers are plentiful, thinkers are rare.
It is not whether you get knocked down; it is whether you get up again.
There are times when silence has the loudest voice.
Do not wait for success, go ahead without it.
One does not learn anything that one does not love.
When there is no enemy within, the enemies outside can not hurt you.
Do not look where you fell, but where you slipped.
To know the road ahead, ask those coming back.
If you bow at all, bow low.
The day you decide to do it is your lucky day.
Proof rather than argument.
Where you cannot climb over, you must creep under.
Faults are thick where love is thin.
It is harder to kill a whisper than even a shouted calumny.
BE THOU AS CHASTE AS ICE, AS PURE AS SNOW, THOU SHALT NOT ESCAPE CALUMNY.