Chandra Jain | 2 Jun 2008 09:58
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RTI POWER - NDTV Metro Nation Show on Saturdays 9 - 10 pm


---------- Forwarded message ----------
From: chandra jain <ckjaininindia <at> yahoo.com>
To: rightto_water <rightto_water <at> yahoo.co.in>, antibriberycampaign <at> yahoogroups.com, eGovINDIA <at> yahoogroups.com, righttowater <at> yahoogroups.com, skdubeyFoundation <at> yahoogroups.com, RTI4Empowerment <at> yahoogroups.com
Date: Sun, 1 Jun 2008 04:35:50 -0700 (PDT)
Subject: RTI POWER - NDTV Metro Nation Show on Saturdays 9 - 10 pm

Dear Friends,
 
A New program on Right to Information is being telecast every Saturday at 9 pm on NDTV Metro Nation.  The program is one hour long and is called Fight for your Rights - Arvind Kejriwal is the anchor.
 
The first episode was telecast on Saturday, May 17th. We will try & archive all telecasts on YouTube.
 
The channel is NDTV METRO NATION (Not NDTV India or Profit or Imagine or other associated channels). If you miss it on saturday, look out for repeat telecasts on Sunday. ( It is on regular cable channel. On Tata Sky DTH, you can  access it thru red button on NDTV 24x7 Channel 532 ACTIVE NEWS. ) - 9 to 10 pm. 
 
Catch you Saturday nites on the show  -  Let us know if the program excites you & if you would like to contribute to the show in some way.
 
--
Chandra k Jain
India
call: 93124 39464
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c k jain saw this article on HindustanTimes ePaper, and thought you would find it interesting. You can find it at: 'RTI POWER - RTI, magic wand for villagers'HindustanTimes ePaper - Digital replica of Print Edition. font>  
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FOR LAWMAKERS there may not be any link between two central laws - the Right to Information Act (RTI) and the National Rural Employment Guarantee Act (NREGA). But for thousands of people in our villages there is a vital connection - the RTI Act can help expose leakages in works carried out under NREGA. The method is simple. Once the information is obtained, villagers use it to conduct social audits to verify if work shown as completed in official records was actually done. If flaws are detected, the vil- lagers lodge complaints with senior government officials. Magsa ysay Award winning social activist Sandeep Pandey said that while the RTI Act empowers citizens to seek information in the public interest, NREGA allows them to conduct social audits of the work carried out "Using both the Acts in tandem can help expose corruption," said RTI activist Aruna Roy who had used the two laws to bring out irregularities in implementation of NREGA in Rajasthan. In some areas of Rajasthan, social audits on the basis of information obtained under RTI has proved to be of help to villagers. "Using the two laws, villagers have been able to get their legal right to wages and the minimum 100 days of work (as mandated in NREGA)," Roy said. This week Pandey and his colleagues started social audits on information provided to villager Yashwant Rao in Mi yaganj block in Unnao district of UP 18 months after he had filed an RTI application. Rao was asked to deposit Rs 1.58 lakh by the block development officials for information about development works in 66 gram sabhas under NREGA. He finally got the information on the orders of the Uttar Pradesh ChieflnformationCommissioner In Delhi, another Magsaysay Award winner, RTI activist Arvind Kejriwal, is using the RTIto expose corruption in road construction. "Through RTI we have picked samples of a road in Model Town, north Delhi, in the presence of municipal engineers to find out if the quality of material used in road construction was right. Such attempts by us earlier had exposed corruption in road construction," he said. With the success of the RTI in exposing leakages in government programmes, Roy, Pandey and Kejriwal want social auditi ng to be made mandatory for every government programme. "It not only helps in exposing corruption but in NREGA we have found it also acts as a deterrent," Roy said.
 
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--
Chandra k Jain
India
call: 93124 39464
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Col NR Kurup | 2 Jun 2008 11:37
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SIC, Kerala's Orders accepting questionnaire under 2(f)

On seeing that the PIOs are approaching High Court to get stay on penalties impossed by SIC, I suspected that there might be chances that   the expenditure involved in the litigation might have incurred by government, as obtaining stay against penalty of Rs.14,750/- may not be economically viable..I had therefore sought the required information from the same PIO and Additional Secretary to government who has been puniushed and obtained the stay from High Court.
 
The PIO denied the informtion on a plea that the information sought for  in the form of  "  questionnaire ".does not come under Sec tion 2(f) of the RTI Act.In my First appeal I had pleaded that I had sought the  information in a particular form as stipulated in Section 7(9), the meaning of the word 'Form' are, "method used to convey the contents", " the way it is said" etc and the meaning of the word "Questiionnaire" are " a Form containing a set of questions as a way of gathering  information"  etc., etc.,  The AA and Additional Chief Secretary repeated the same reply given by PIO  in first Appeal.  In Second appeal to the SIC  following are the relevant portion of SIC, Kerala's Orders .AP.No.594(4)SIC/2008 dated 27-5-2008. .
 
"The Commission pointedly asked the SPIO to explain as to how the information sought would not come under "Information" u/s 2(f) of the RTI Act, just because it was sput in a questionnaire format.  After hearing the PIO the Commission clarified toher that the information as the appellant had sought would very well come under the "Information"as defined in Section 2)f) of the RTI Actand, therefore, it had to be provided.  Accordingly the Commission directed the SPIO to provide information  etc.... within 7 days free of cost.   
 
It seems tobe an important decision concerning information sought in the form of a questionnnire.                                                                                                                    &n bsp;                                                                                
                                                   
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Syed Tanveeruddin | 2 Jun 2008 21:30
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Online Petition against Amendment to Karnataka RTI Act 2005

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Syed Tanveeruddin | 2 Jun 2008 21:32
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Online Petition against Coal Based / Fired Thermal Power Plant Projects in India

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asha kashi | 4 Jun 2008 16:29
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Fwd: [DailySouthAsian] MEDIA ALERT: Maitreya project and NAPM Convention



---------- Forwarded message ----------
From: DailySouthAsian <indopakpeacemarch <at> yahoo.co.uk>
Date: Jun 4, 2008 9:34 AM
Subject: [DailySouthAsian] MEDIA ALERT: Maitreya project and NAPM Convention
To: DailySouthAsian <at> yahoogroups.co.uk

Maitreya Project and NAPM Convention
National Alliance of People's Movements (NAPM)
 
[To read this posting in Hindi language, please click here]
--------------------------------------------------------------------------
 
Dear journalist friends,
 
the NAPM national convention this time is taking place at the site of farmers' protest against land acquisition for maitreya project in kushinagar, eastern UP,(http://maitreyaproject.org/en/index.html) on 7-8 june, 2008. you're invited to this event. medha patkar will be there for four days from 6-9 june.
 
more importantly, i urge you to investigate the maitreya project. this non-govt. initiative is still collecting money (in $, yen and sterling) for a $250 m project of which $195 m would go towards making the 500 ft. buddha statue. without even the guarantee of funds the govt. of UP has made land available to this private party. what will happen if the govt. has to retract because of farmers' protest and the maitreya trust simply closes shop after collecting huge sums of money from all over the world? is there any accountability in this project?
the main issue so far as the farmers are concerned is displacement and NAPM will support the farmers till the end. we believe that tourism is not an alternative to agriculture and it is a crime to acquire prime agricultural land (approx. 660 acres) and simply hand it over to an organization of dubious credibility. who will benefit from the project and who'll be the loser is a big question to be looked into.
 
love,
 
Sandeep Pandey
ph: 0522 2347365, m: 9415022772, 9839883518 (keshav, based in deoria-kushinagar)
----------------------------------------------------------------------------------------------------------------------------------
 
National Alliance of Peoples' Movements
INVITATION
Seventh Bi-Annual Convention
CHALO KUSHINAGAR
Buddha rises with peoples' movements
 
Kushinagar, Uttar Pradesh 7th – 8th June, 2008
Dear Friends,
Zindabad!
 
You may know that the National Alliance of Peoples' Movements is a coming of various Peoples' Movements fighting for the toiling peoples' right to Life and Livelihood, and as also those working on various alternatives in the fields of Agriculture, Water, and Energy etc. The Alliance , over the years has brought together diverse groups engaged in struggles across the country and drawn people's attention to the marginalization of the majority of the people for the benefit of the wealthy and influential few.
 
We realise that the situation is becoming ever grimmer, by the day, be it any party ruling at the Centre or in the States. The stark reality is:
 
Ø      While the 'powers that be' boast of a high growth it is at best a jobless, or rather a 'job-loss' growth.
Ø      The Agriculture sector has been destroyed and labour laws decimated at the bidding of the Global Financial Institutions and Corporate interests
Ø      All basic services and Utilities such as Water, Electricity, Health care, Education, Roads, Railways, Ports, Public Transport have or are in the process of being turned over into private hands through a cruel onslaught on peoples' resources.
Ø      Caste violence, religious fundamentalism and ethnic strife are being perpetrated so as to destroy our social fabric.
Ø      What has been unleashed on the people – farmers, fisher people, adivasis, dalits, minorities, workers is 'development terrorism'
 
Whether it is Nandigram, Singur, Kalinganar, Ayodhya, Posco, Gorai, Plachimada, Chengara, Kakinanda the cruelest violence is used to displace, dispossess, dis-employ and dehumanize people killing the democratic space and social justice sought to be enshrined in our Constitution. Anyone raising a voice against this is labeled 'anti-development', 'anti-national', 'naxalite' 'foreign-funded' etc. These hundreds of land and resource grab exercises, actively indulged in by corporate bigwigs and ably manoeuvred by state machinery have revitalized with renewed rigour the need for and demands by nation wide struggles groups to give flesh and blood to Article 243 in the Constitution, which provides the framework for "development" (in whose name all the tamasha of SEZs are happening) and locates the Gram Sabhas and Ward Committees in villages and towns as the epicentres of any developmental planning. National sovereignty, democracy and governance are virtually being outsourced and sub-contracted in the name of Public Private Partnership. How far away is this to practical realization, more particularly, in the wake of draconian definitions of 'public purpose' creeping into enactments, as is being witnessed in the recently proposed Land Acquisition Bill, 2007 and Resettlement and Rehabilitation Bill, 2007 is the challenge before peoples' movements and struggles all across the country.
 
Over the last 12-14 years, NAPM has been at the forefront of people's struggles be it the slum-demolitions in Mumbai and other cities and towns, displacement by various dams and projects, the Enron struggle, the various anti-SEZ struggles, fisher peoples' struggles, WTO and World Bank Bharat Chodo campaigns, Desh Bachao Desh Banao campaigns etc.  Similarly, its various constituents have led successful struggles of fisher people, those displaced by dams, those fighting globalization in its various manifestations.
 
Probably, never before has there been in the history, so much a need, as also an opportunity, for all democratic forces, including like-minded individuals, groups, alliances and movements, with the struggling masses at large, to come together and challenge the claims of those who hold seats of power in various ways, both within and outside the framework of the State and reclaim back not just legitimate democratic spaces, denied and robbed hitherto, but also assert positive claims to natural and other resources and strive for societal and political recognition of the non-destructive, equitable ways of harnessing those new economics and politics of reconstruction. The inevitable task, ahead for presently sectoral people's struggles, is to strike at the root of inequality at various levels within existing power-structures and the future pre-condition for that would be the strategic coming together of all the concerned and their democratic supporters, across the country and around the world.
 
Over the years, NAPM has come to grow as a broad-based platform of diverse groups articulating the concerns of various marginalized people and communities. It is in this context that the National Alliance of Peoples' Movements is hosting its 7th Bi-Annual Convention and invites you, along with your friends and allies, to join us at this Convention, who are ready to struggle for ensuring democracy, equality, secularism and justice. The 7th NAPM Convention is therefore an opportunity for all those struggling with the people and those desirous of bringing about an alternative development paradigm through various sustainable alternatives and experiments.
 
Yours sincerely ,
Arundhati Dhuru                 Sandeep Pandey       Prafulla S                         Sr. Celia
D. Gabriela                              P. Chenniah                Anand Mazgaonkar     Thomas Kocherry
Aruna Roy                               Sanjay M.G.               Ulka Mahajan                 Mukta Srivastava
Geeta Ramakrishnan           P.T. Hussain              Uma Shankari                Subhash Ware                                
N.D.   Kohli                             Amarnath Bhai         Rajendra Ravi                Medha Patkar                   
 
For further programme and travel details contact:
Keshav:                        Mobile : 09839883518              E-mail:  napmup <at> gmail.com
Nandlal Master:                        09415300520                                      ,,
Udhay Bhan:                            09935445489                                      ,,
 
NAPM National Office:
National Alliance of Peoples' Movements, C/o Chemical Mazdoor Sabha,
28, 29, Haji Habi Building , Naigaon Cross roads, Dadar (East) Mumbai – 400 011
 
Mukta                                       09969530060                          napmindia <at> gmail.com 
Simpreet                                  09969363065                                          ,,
 
Venue: Kushinagar, Uttar Pradesh (50 km from Gorakhpur and 30 km from Devaria)
A detailed schedule of the travel and transport details and particulars of trains plying from various parts of India may be obtained from the above contacts. The above contact persons would be waiting at the Gorakhpur and Devaria Railway Stations, with the NAPM banners.
 
Exhibition and Discussion on Alternatives – 6th June, 2008
 
·         An exhibition on alternative development would be put up from the 6th of June itself. All those committed to alternate and sustainable development, please bring along with you models, banners, literature, posters, for the exhibition.
 
·         A Meeting on alternatives would be organized in the afternoon of the 6th.
 

Kushinagar, 7th – 8th June, 2008
Programme schedule for Seventh Bi-Annual Convention
 
Date and time
Session
Day I:  7th June, 2008
10.00 a.m. - 12.00 p.m.
§         Inauguration:  Medha Patkar, Mahant Vichar Das, Kabir Math, Magahar & Prof. Ram Krishna Mani Tripathi
§         Paqnel Discussion
 
12:00 a.m.-m 1:30 p.m.
Reporting by the National Convenors about movements across India and in various states
1:30 p.m.  – 2.30 p.m.
Lunch
2:30 p.m – 4:30 p.m
Group Discussion
Issues – Dalit Rights and Annihilation Of Caste; Secularism and Freedom Of Religion; RTI And NREGA; Food Security; Land Acquisition; SEZs, Displacement And Development; Unorganized Workers; JNNURM and Urban Poor; Women's Rights as Human Rights , Water Crisis, Drought and Floods, Energy And Environment, Kashmir, North East, Naxalism, Terrorism and State Repression, Democracy in South Asia
4:30 p.m – 6: 00 p.m
Alternative Politics
Coordinator: Ajit Jha
6:00 - 7.30 p.m.
Reporting back by the groups
7.30 p.m. - 8.30 p.m. -.
Dinner
8.30 p.m. -. onwards
  1. Cultural programmes by U.P. and Kerala groups             
  2. Strategy Meeting of Representatives of peoples movements
Day II:  8th June, 2008

9.30 a.m. – 11:00 a.m.

 
Building NAPM
 
11:00 a.m. – 12:00 p.m.
Passing of Resolutions
12:00 p.m. – 1:00 p.m.
 
1:00 p. m - 2:30 p. m
Lunch
2:30 p. m – 4:30 p.m.
Election and Declaration of new Convenors
4:30 p. m – 5: 30 p.m.
Presentation of future strategies and plan
5: 30 p.m.
Lok Manch –parliamentarians and legislators from various political parties and NAPM representatives
 
 
 
Join the Rally against Special Religious Zone at Kushinagar

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Fw: ABout using RTI by students




DEar RTI friends,

 

I would like to know if there is any rule or notification order for amount of fees required to be paid for getting a copy of the corrected answersheet from the secordary education board of any state.

 

I had applied to the Board of Secondary Education Assam to get a copy of the answersheet after results were out for a HSLC candidate. I was told that I will have to pay Rs, 500 for the answersheet copy apart from the application fees of Rs. 10. When I asked the concerned PIO about the office order for this new rule he refused to give me and asked me to talked to the higher authorities. No higher authorities were available to consult at that time. It was very disturbing for students who would like to see their answersheets under RTI would now have to pay Rs. 500. The PIO mentioned that they would not charge the application fees of Rs. 10 for the BPL category applicant but the student /applicant would have to pay Rs. 500 for the answersheet. This is because education doesn't discriminate between rich and poor. But the agruement given by the esteemed PIO was very contradictory.

 

I would like to know from the experts and experienced people in the RTI movement to know if there is any rule by the law that an answersheet would cost Rs. 500 under RTI. Even if the National Law on RTI doesnt have it does the Public Authorities like the SEBA have the right to make such rules. This is a rule to discourage people to use the RTI Act, 2005. Please send your views on this.

 

Samhita
North East Network
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Jorpukhuri
Guwahati-781001
Assam
INDIA
Tel:+91-361-2603833
Telefax:+91-361-2631582
Visit us www.northeastnetwork.org


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bobby ramakant | 6 Jun 2008 07:29

SIGN-THE-PETITION in support of Dr Binayak Sen

SIGN-THE-PETITION in support of Dr Binayak Sen
 
[To read this posting in Hindi language, click here]
------------------------------------------------------------------------

- sign-on the petition here  or go to: www.AshaParivar.org/petition/binayaksen
 
- remain on fast for 1-10 days (up to you) from wherever-you-are in solidarity, sign on the petition here  or go to: www.AshaParivar.org/petition/binayaksen
-----------------------------------------------------------------------------

TEN-DAY FAST IN PROTEST AGAINST THE BLACK LAWS & FOR RELEASE OF Dr BINAYAK SEN, AJAY TG and others
 
16 - 25 June 2008

A 10-day Fast beginning 16th June, 2008, is being organized at Raipur in Chhattisgarh to express solidarity with Dr. Binayak Sen (Medical Doctor), Ajay T G (Film Maker) -- both are members of the PUCL, and many others detained under the draconian Chhattisgarh Special Public Security Act 2005, and the Unlawful Activities Prevention Act (1967) amended in 2004.

These draconian laws sanction the violation of due process by the state, and thus contravene internationally accepted norms of jurisprudence as well as democratic governance. As Senior Advocate K G Kannabiran, National President of PUCL, India, argues in his letter to the National Human Rights Commission (NHRC), the CSPSA and UAPA operate by criminalizing the very performance of civil liberties activities, and culpability is decided upon not by direct proof, but through guilt by association.

The PUCL-Chhattisgarh Unit, with Dr. Binayak Sen's active leadership as its General Secretary, had exposed the government sponsored so-called campaign Salwa-Judum in Chhattisgarh which legitimizes extra-constitutional violence and pits adivasis against adivasis.

The Fast is to ensure that human rights of marginalized people are not trampled upon and human rights defenders continue to work fearlessly. The  Fast will end on 25th June,  the day Emergency Rule in India was declared  in 1975, followed by a National Convention on Repressive Laws & Human Rights on 25th & 26th June 2008 at Raipur.

We invite you to join the campaign to end arbitrary abuse of state power and protect democratic rights of ordinary citizens by joining in the fast for any number of days either in Raipur or at your own place.

 Rajendra Sail (9826804519), Gautam Bandopadhyay (9826171304), Ilina Sen (9425206875), Kavita Srivastava (9351562965), Faisal Khan (9313106745),
Sandeep Pandey (ashaashram <at> yahoo.com)
----------------------------------------

Note: If you can fast for 1-10 days (up to you) from wherever-you-are in solidarity with Jonathan Mann Awardee (2008) Dr Sen, please sign-up here

----------------------------------------

To read about the Jonathan Mann award, click here
[To read this posting in Hindi language, click here]
To read an earlier article on the detention of Dr Binayak Sen, click here

Send instant messages to your online friends http://uk.messenger.yahoo.com
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Vinita Vishwas Deshmukh | 6 Jun 2008 08:16
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Re: Fw: ABout using RTI by students

Dear Samhita
here's posting the University of Pune circular for reference
 
  UNIVERSITY OF PUNE
CIRCULAR NO.123 OF 2008
It is hereby notified for information of all concerned that the new Ordinance No. 182 as regards supply of the photo copy/ies of assessed and/or moderated theory subject/s answer book/s to the examinees, This Ordinance shall be made applicable from March/April, 2008 examination session.
ORDINANCE NO. 182
1. The photo copy/ies of assessed and/or moderated theory subject/s answer book/s of the current examination will be supplied to the examinee/s. The photo copy/ies of answer books of practical examination, sessional marks, marks of viva-voce/ dissertation/ thesis/project, Common Entrance Test conducted by University etc. shall not be supplied to the examinee/s.
2.   An examinee may apply for the photo copy/ies of the answer-book/s in 50% of theory subjects/papers or maximum three of theory subjects/papers, whichever is less, for which he/she has appeared at the University examination.
3. The prescribed application form for demand of photo copy/ies of answer book/s will be available at the Publication Unit of the University or from Regional center, on payment of Rs.20/- for Non-professional Course and Rs.30/- for Professional Course.
4. The photo copy/ies  shall  be  supplied  on the payment  of non-refundable fees as follows :
a) Non- Professional   course - Rs.250/-   per answer book of theory paper.
b) Professional course - Rs. 3007- per answer book of theory paper.
5. The prescribed application form shall have to be filled in and signed by the examinee only and shall be submitted to the Principal of the college concerned along with the requisite fees, within 10 days (both days inclusive) from the date of declaration of results of the examination concerned. Incomplete or Incorrect application form shall be rejected without assigning any reasons and fees paid along with application form shall not be refunded. The external students should apply directly to the Controller of Examinations of the University along with the requisite fees, within 10 days (both days inclusive) from the date of declaration of results of the examination concerned.
6. The Principal of the college shall forward all such applications collectively to the Controller of Examinations, University of Pune within 15 days (both days inclusive) from the date of declaration of results of the examination concerned.
7. In clause 5 & 6 above, if the last day happens to be the holiday to the college/ University, the next working day will be treated as the last day.
8. Out of the fees collected for supply of photo copy/ies, a sum of Rs. 10/- (Rs. Ten only) per examinee shall be deducted by the college concerned towards administrative charges and D. D. commission and remaining amount shall be sent by Demand Draft in favour of Registrar, University of Pune along with the application forms & statements of fees collected/remitted.
9. Upon receipt of the application forms by the University from the college, "The Photo Copies Cell of the University" ('hereinafter referred to as the cell*) shall scrutinize the answer-book/s and shall verify the following:
a) Whether the total marks in the given paper awarded to the examinee on the statement of marks matches with the marks awarded to the examinee on the cover page of the answer book/s?
b) Whether the question-wise marks awarded to all the questions inside the answer book are correctly carried over to the cover page?
c) Whether the total of the question-wise marks on the cover page is correct?
d) Whether all the answers or parts thereof in the answer book have been assessed by the examiner?
10. Discrepancy, if any on any, of the count as mentioned in clause 9 above, noted by the Cell, shall be corrected by the Cell.
11.If any question or part thereof in the answer book is found to be unvalued/unassessed, the same shall be got valued from the examiner and additional marks awarded, If any, shall then be carried, and added on the cover page and accordingly, the total of the marks shall be corrected.
12. The change, if any, on the counts mentioned in clause 9 above, shall be informed to the examinee and corrected statement of marks shall also be issued to the examinee on his/her surrendering the original statement of marks to the University through the college concerned, without charging any fees.
13.The photo copy/ies of the answer book/s shall be made available to the examinee after making corrections, if any, in the marks on the cover page and after awarding grace marks., if any, and concealing the identity of the examiner and moderator. The designated officer shall certify on main page of the answer book by placing the seal. In no case, the identity of the examiner/s, moderator/s shall be disclosed.
14.The photo copy/ies of only written part of answer book/s shall be provided. No photo copy/ies of blank pages of answer book/s shall be provided.
15. The photo copy/ies of the answer book/s shall be sent to the Principal/s of College/s concerned for further issuance of the same to the examinee/s concerned. The Principal of the college concerned shall obtain from the examinee, a written acknowledgement of the receipt of photo copy/ies of answer book/s.
16. The University shall supply the photo copy/ies within 45 days from the date of receipt of application through the Principal of the College concerned.
17. Upon receipt of photo copy/ies of answer book/s, an examinee may apply for Revaluation within seven days from the date of the receipt of the answer book/s (both days inclusive) through his/her college. The external student/s concerned shall apply directly to the University The Principal of the college concerned shall forward all such applications to the University within three days.(both days inclusive). The fees for revaluation shall be as follows :
a)  Non- professional course - Rs.180/- per subject /course/head of passing of the theory paper.
b) Professional course- Rs.245/- per subject/ course/ head of passing
of the theory paper. The said fees may be revised, by the University from time to time.
18. An examinee may apply separately for Verification & Revaluation of answer book/s as per Ordinance 149 and Ordinance 134 A & B and for photo copy/ies of answer-book/s as per this ordinance simultaneously. An examinee, upon the receipt of the photo copy/ies of answer-book/s, may also apply for revaluation as mentioned in clause 17 above subject to following conditions:
a) An examinee will not be eligible to apply for Revaluation again for the subjects for which he/she has applied to get photo copies and Revaluation was also carried out for the same subjects initially as per his application.
b) An examinee who has initially applied for Revaluation Separately and who also applies for Revaluation after the receipt of Photo copies of answer books, may also appl for Revaluation of answer books of theory papers for maximum 50% heads of passing hi theory subjects or maximum three head of passing in theory subjects whichever is less in both the modes of Revaluation taken together.
19.Photo copy/ies of answer book/s after revaluation, shall not be provided.
20. The supply of photo copy/ies of answer books is an additional facility made available to the candidates. The University shall not be liable for failure or delay in supplying the photo copy/ies of the answer book/s due to any reason beyond the control of the University.
21. An examinee who is found to have indulged in any malpractice/s as per the Ordinance 9 relating to the conduct of examinations and /or has been punished on account of malpractices in the examination/s, shall not be eligible to apply for photo copy/ies of answer book/s of any of the subjects/papers of that examination.
 
22.The examinee shall be sole custodian of the photo copy/ies so supplied and shall not be entitled to transfer the same to anybody for any purpose, whatsoever. The examinee shall further refrain himself from putting such photo copy/ies to any misuse that might jeopardize the reputation of the University.
23.In case of misused of photo copy/ies by the examinee, University Authority will take action against such a candidates as per the provision of Section 32(6) (a) of Maharashtra Universities Act, 1994.
24.1f any difficulty arises in application of this Ordinance, the Vice-Chancellor shall be competent to take the decision and his decision shall be final and binding.
Ref. No. Law/2008/165
Date:  12-3-2008 Registrar
Copy for information to:
1) The Principals of Affiliated Colleges
2) The Heads of Recognized Institutions
3) The Heads of University Departments
4) The Heads of Sections in the University Office
 


 
On 6/6/08, North East Network, Guwahati <assamnen <at> yahoo.co.uk> wrote:




DEar RTI friends,

 

I would like to know if there is any rule or notification order for amount of fees required to be paid for getting a copy of the corrected answersheet from the secordary education board of any state.

 

I had applied to the Board of Secondary Education Assam to get a copy of the answersheet after results were out for a HSLC candidate. I was told that I will have to pay Rs, 500 for the answersheet copy apart from the application fees of Rs. 10. When I asked the concerned PIO about the office order for this new rule he refused to give me and asked me to talked to the higher authorities. No higher authorities were available to consult at that time. It was very disturbing for students who would like to see their answersheets under RTI would now have to pay Rs. 500. The PIO mentioned that they would not charge the application fees of Rs. 10 for the BPL category applicant but the student /applicant would have to pay Rs. 500 for the answersheet. This is because education doesn't discrimin ate between rich and poor. But the agruement given by the esteemed PIO was very contradictory.

 

I would like to know from the experts and experienced people in the RTI movement to know if there is any rule by the law that an answersheet would cost Rs. 500 under RTI. Even if the National Law on RTI doesnt have it does the Public Authorities like the SEBA have the right to make such rules. This is a rule to discourage people to use the RTI Act, 2005. Please send your views on this.

 

Samhita
North East Network
J.N.Borooah Lane
Jorpukhuri
Guwahati-781001
Assam
INDIA
Tel:+91-361-2603833
Telefax:+91-361-2631582
Visit us www.northeastnetwork.org


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Assam NEN | 6 Jun 2008 08:56
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Re: Fw: ABout using RTI by students

Thank you vinita
This is useful for us.
 
best samhita
----- Original Message -----
Sent: Friday, June 06, 2008 11:46 AM
Subject: Re: [AntiBriberyCampaign] Fw: ABout using RTI by students

Dear Samhita
here's posting the University of Pune circular for reference
 
  UNIVERSITY OF PUNE
CIRCULAR NO.123 OF 2008
It is hereby notified for information of all concerned that the new Ordinance No. 182 as regards supply of the photo copy/ies of assessed and/or moderated theory subject/s answer book/s to the examinees, This Ordinance shall be made applicable from March/April, 2008 examination session.
ORDINANCE NO. 182
1. The photo copy/ies of assessed and/or moderated theory subject/s answer book/s of the current examination will be supplied to the examinee/s. The photo copy/ies of answer books of practical examination, sessional marks, marks of viva-voce/ dissertation/ thesis/project, Common Entrance Test conducted by University etc. shall not be supplied to the examinee/s.
2.   An examinee may apply for the photo copy/ies of the answer-book/s in 50% of theory subjects/papers or maximum three of theory subjects/papers, whichever is less, for which he/she has appeared at the University examination.
3. The prescribed application form for demand of photo copy/ies of answer book/s will be available at the Publication Unit of the University or from Regional center, on payment of Rs.20/- for Non-professional Course and Rs.30/- for Professional Course.
4. The photo copy/ies  shall  be  supplied  on the payment  of non-refundable fees as follows :
a) Non- Professional   course - Rs.250/-   per answer book of theory paper.
b) Professional course - Rs. 3007- per answer book of theory paper.
5. The prescribed application form shall have to be filled in and signed by the examinee only and shall be submitted to the Principal of the college concerned along with the requisite fees, within 10 days (both days inclusive) from the date of declaration of results of the examination concerned. Incomplete or Incorrect application form shall be rejected without assigning any reasons and fees paid along with application form shall not be refunded. The external students should apply directly to the Controller of Examinations of the University along with the requisite fees, within 10 days (both days inclusive) from the date of declaration of results of the examination concerned.
6. The Principal of the college shall forward all such applications collectively to the Controller of Examinations, University of Pune within 15 days (both days inclusive) from the date of declaration of results of the examination concerned.
7. In clause 5 & 6 above, if the last day happens to be the holiday to the college/ University, the next working day will be treated as the last day.
8. Out of the fees collected for supply of photo copy/ies, a sum of Rs. 10/- (Rs. Ten only) per examinee shall be deducted by the college concerned towards administrative charges and D. D. commission and remaining amount shall be sent by Demand Draft in favour of Registrar, University of Pune along with the application forms & statements of fees collected/remitted.
9. Upon receipt of the application forms by the University from the college, "The Photo Copies Cell of the University" ('hereinafter referred to as the cell*) shall scrutinize the answer-book/s and shall verify the following:
a) Whether the total marks in the given paper awarded to the examinee on the statement of marks matches with the marks awarded to the examinee on the cover page of the answer book/s?
b) Whether the question-wise marks awarded to all the questions inside the answer book are correctly carried over to the cover page?
c) Whether the total of the question-wise marks on the cover page is correct?
d) Whether all the answers or parts thereof in the answer book have been assessed by the examiner?
10. Discrepancy, if any on any, of the count as mentioned in clause 9 above, noted by the Cell, shall be corrected by the Cell.
11.If any question or part thereof in the answer book is found to be unvalued/unassessed, the same shall be got valued from the examiner and additional marks awarded, If any, shall then be carried, and added on the cover page and accordingly, the total of the marks shall be corrected.
12. The change, if any, on the counts mentioned in clause 9 above, shall be informed to the examinee and corrected statement of marks shall also be issued to the examinee on his/her surrendering the original statement of marks to the University through the college concerned, without charging any fees.
13.The photo copy/ies of the answer book/s shall be made available to the examinee after making corrections, if any, in the marks on the cover page and after awarding grace marks., if any, and concealing the identity of the examiner and moderator. The designated officer shall certify on main page of the answer book by placing the seal. In no case, the identity of the examiner/s, moderator/s shall be disclosed.
14.The photo copy/ies of only written part of answer book/s shall be provided. No photo copy/ies of blank pages of answer book/s shall be provided.
15. The photo copy/ies of the answer book/s shall be sent to the Principal/s of College/s concerned for further issuance of the same to the examinee/s concerned. The Principal of the college concerned shall obtain from the examinee, a written acknowledgement of the receipt of photo copy/ies of answer book/s.
16. The University shall supply the photo copy/ies within 45 days from the date of receipt of application through the Principal of the College concerned.
17. Upon receipt of photo copy/ies of answer book/s, an examinee may apply for Revaluation within seven days from the date of the receipt of the answer book/s (both days inclusive) through his/her college. The external student/s concerned shall apply directly to the University The Principal of the college concerned shall forward all such applications to the University within three days.(both days inclusive). The fees for revaluation shall be as follows :
a)  Non- professional course - Rs.180/- per subject /course/head of passing of the theory paper.
b) Professional course- Rs.245/- per subject/ course/ head of passing
of the theory paper. The said fees may be revised, by the University from time to time.
18. An examinee may apply separately for Verification & Revaluation of answer book/s as per Ordinance 149 and Ordinance 134 A & B and for photo copy/ies of answer-book/s as per this ordinance simultaneously. An examinee, upon the receipt of the photo copy/ies of answer-book/s, may also apply for revaluation as mentioned in clause 17 above subject to following conditions:
a) An examinee will not be eligible to apply for Revaluation again for the subjects for which he/she has applied to get photo copies and Revaluation was also carried out for the same subjects initially as per his application.
b) An examinee who has initially applied for Revaluation Separately and who also applies for Revaluation after the receipt of Photo copies of answer books, may also appl for Revaluation of answer books of theory papers for maximum 50% heads of passing hi theory subjects or maximum three head of passing in theory subjects whichever is less in both the modes of Revaluation taken together.
19.Photo copy/ies of answer book/s after revaluation, shall not be provided.
20. The supply of photo copy/ies of answer books is an additional facility made available to the candidates. The University shall not be liable for failure or delay in supplying the photo copy/ies of the answer book/s due to any reason beyond the control of the University.
21. An examinee who is found to have indulged in any malpractice/s as per the Ordinance 9 relating to the conduct of examinations and /or has been punished on account of malpractices in the examination/s, shall not be eligible to apply for photo copy/ies of answer book/s of any of the subjects/papers of that examination.
 
22.The examinee shall be sole custodian of the photo copy/ies so supplied and shall not be entitled to transfer the same to anybody for any purpose, whatsoever. The examinee shall further refrain himself from putting such photo copy/ies to any misuse that might jeopardize the reputation of the University.
23.In case of misused of photo copy/ies by the examinee, University Authority will take action against such a candidates as per the provision of Section 32(6) (a) of Maharashtra Universities Act, 1994.
24.1f any difficulty arises in application of this Ordinance, the Vice-Chancellor shall be competent to take the decision and his decision shall be final and binding.
Ref. No. Law/2008/165
Date:  12-3-2008 Registrar
Copy for information to:
1) The Principals of Affiliated Colleges
2) The Heads of Recognized Institutions
3) The Heads of University Departments
4) The Heads of Sections in the University Office
 


 
On 6/6/08, North East Network, Guwahati <assamnen <at> yahoo.co.uk> wrote:




DEar RTI friends,

 

I would like to know if there is any rule or notification order for amount of fees required to be paid for getting a copy of the corrected answersheet from the secordary education board of any state.

 

I had applied to the Board of Secondary Education Assam to get a copy of the answersheet after results were out for a HSLC candidate. I was told that I will have to pay Rs, 500 for the answersheet copy apart from the application fees of Rs. 10. When I asked the concerned PIO about the office order for this new rule he refused to give me and asked me to talked to the higher authorities. No higher authorities were available to consult at that time. It was very disturbing for students who would like to see their answersheets under RTI would now have to pay Rs. 500. The PIO mentioned that they would not charge the application fees of Rs. 10 for the BPL category applicant but the student /applicant would have to pay Rs. 500 for the answersheet. This is because education doesn't discriminate between rich and poor. But the agruement given by the esteemed PIO was very contradictory.

 

I would like to know from the experts and experienced people in the RTI movement to know if there is any rule by the law that an answersheet would cost Rs. 500 under RTI. Even if the National Law on RTI doesnt have it does the Public Authorities like the SEBA have the right to make such rules. This is a rule to discourage people to use the RTI Act, 2005. Please send your views on this.

 

Samhita
North East Network
J.N.Borooah Lane
Jorpukhuri
Guwahati-781001
Assam
INDIA
Tel:+91-361-2603833
Telefax:+91-361-2631582
Visit us www.northeastnetwork.org


Sent from Yahoo! Mail.
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gopelalwani | 6 Jun 2008 19:51
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HOW TO DEAL WITH ROGUE POLICE

Illegal Prosecution, Harassment, Hounding and Extortion of USA
Citizen in India.

Ms. Lavina Chatur Kripalani came to USA on Fiance visa ( K-1) applied
by her on 14. 07. 2001.
Fiance Visa for six months was granted by the USA Consulate in Bombay
on 06. 12. 2001.
She was married in USA on 13. 02. 2002 in woodbridge NJ Court and
subsequently she was
divorced on 01. 04. 2003 by order of the Superior Court Middlesex
New Jersy USA Court.
Her father is also practising advocate at Bombay High Court Mumbai .

While the divorce proceedings against her were in progress in USA,
she realised that she
can not stop the petitioner from obtaining divorce against her and
that she was not likely to
get any amount of money or property in settlement,she resorted to the
misuse of the police
machinery in India, with oblique motives to bring pressures, wreak
revenge and unleash
legal-terror. She filed complaint at Nagpada Police Station Bombay on
10. 12. 2002 making
allegations against each and every member of the family ( USA
Citizens) alleging
cruelty to her in USA. The complaint was the Counter-Blast to the on-
going divorce
proceedings in USA. She did not disclose in the complaint, that there
was divorce case
pending against her in USA, and the same was being contested by her
and her lawyer
father; in which they had demanded / claimed US $ 200 Thousand (Rs.
one crore) in settlement.
No one of husband's family has been spared and left out from being
framed in this criminal case.

Ms. Lavina Chatur Kripalani was residing at 12/36 Navjivan Housing
Society Dr. D.B. Marg;
Mumbai within the territorial Jurisdiction of Nagpada Police Station
Mumbai, at the time of
lodging the written complaint under section 156 code of Criminal
procedure 1973 of India.
Simple reading of the complaint lodged by Ms. Lavina Chatur
Kripalani, on 10. 12. 2002 explain
that, no crime was alleged to have taken place within the territorial
Jurisdiction of Nagpada Police
Station Mumbai (India). The parties never married within the
territorial Jurisdiction of Nagpada
Police Station. The parties never visited or resided together within
the territorial Jurisdiction of
Nagpada Police Station before their marriage nor after their marriage
in USA. Marriage took place
in USA. Matrimonial home was in USA. The alleged crime of Cruelty was
allegedly committed in
USA. No investigation was needed to come to the conclusion that part
of crime was committed
within the territorial Jurisdiction of Nagpada Police Station nor any
where within the Territory of India .Nagpada Police Station,
registered FIR No. 405/2002 on 31. 12 2002 for the offences under
section 498-A, 406 r/w S. 34 I.P.C. and section 4 of Dowry
Prohibition Act.

No enquiry nor scrutiny nor investigation was carried out by the
police officers, as required
under Section 156(1) of the Criminal Procedure Code 1973, after
registering the FIR. When an
information is lodged at the police station and an offence is
registered, then the complaint
would be of secondary importance. It is the material and evidence
collected during the
investigation by the police. FIR is not an encyclopedia of facts. The
entire and complete facts
are to be collected by the investigating agency before taking
action. The Police officer dealing
with the matter did not determined the Territorial Jurisdiction in
respect of alleged offences made
out in the complaint. The Police Officer Violated Section 170 and 177
Criminal Procedure Code
1973 and Illegally proceeded with the matter.

The section 170 Criminal .Pr.Code 1973 specifically provides that if
crime was not committed
within the territorial jurisdiction of Police Station, that FIR can
be forwarded to the Police Station
stating having jurisdiction over the area in which crime was
committed. The law is that police can
register an FIR of commission of a cognisable crime ,but after
registration of FIR, if on scrutiny or investigation, it is found
that crime was not committed within the jurisdiction of that Police
Station
but was committed within the jurisdiction of some other Police
Station, the FIR should be
transferred to that Police Station. However, if at the time of
registration of FIR itself, it is apparent
on the face of it that crime was committed outside the jurisdiction
of the Police Station, the Police after registration of FIR should
transfer the FIR to that Police Station for investigation. Normally
a 'Zero' FIR is registered by Police in such cases.
Under section 177 of criminal procedure code 1973 of India, no part
of cause of action arose
within the Jurisdiction of concerned court and Police Station where
the complaint was filed.
Therefore the entire proceedings had no foundation.
This is the question of law regarding lack of Jurisdiction.

In spite of the fact that no crime or part of crime was alleged in
complaint, that had taken place,
within the territorial jurisdiction of Nagpada Police Station and In-
spite of the prohibition by law
for proceeding further against the accused in view of Section 170,
177 Criminal Procedure Code,
and section 188 criminal Procedure Code r/w section 4 Indian Penal
Code 1860 the non bailable
arrest warrants were illegally issued against entire family of USA
Citizens. Airport Immigration
Police were informed and posted with "look-out circular" naming all
members of US Citizen family.

After about three months of the divorce granted by US court, my wife
and son were detained and
arrested unaware on 29. 06. 2003, while boarding the scheduled
flight for returning to USA after a
short visit to India; by Mumbai Airport Immigration Police;
enforcing the Illegal Warrants of Arrest issued and posted in
Violation of Section 170 &177 Code of Criminal Procedure 1973 and
Section 4
of Indian Penal Code 1860 r/w Section 188 Criminal Pr. Code 1973 of
India.

Illegally arrested USA Citizens were produced before the Holiday
Metropolitan Magistrate, and
Remand Custody Application dated 29. 06. 2003 was submitted by the
Nagpada Police, stating that:
"The Arrested persons committed criminal offences against complainant
for
fifteen days after her marriage in Mumbai during the month of
February 2002
and onward in New-york USA till 28. 06. 2002".
Where-as the accused were arrested at Airport, enforcing Illegal
Warrants of Arrest stating that:
"The Arrested persons committed criminal offences against the
complainant
in New-york USA in the month of December 2001 and onward till 28.
06. 2002".
THE REMAND CUSTODY APPLICATION DATED 29. 06. 2003 DOES NOT ESTABLISH
THAT THE OFFENCE WAS COMITTED WITHIN THE TERRITORIAL JURISDICTION
OF NAGPADA POLICE STATION AS REQUIRED BY SECTION 170 INDIAN PENAL
CODE 1860.

The USA Passports seized by the Police at Mumbai Airport earlier also
showed that the persons
arrested by the police, were NEVER in India during the month of
February 2002, according to Indian Immigration Arrival/Departure
stampings in passports.The FIR No. 405/2002 registered by Nagpada
Police also states that the Complainant was present in USA from 9th
December 2001 till 28th June 2002. Therefore the Remand Custody
Application submitted to the Holiday Metropolitan Magistrate by
Nagpada Police Station is a deliberately and fraudulently engineered
document to to mislead the
Holiday Magistrate and secure Police Cusody of the accused.

The Holiday Magistrate at Metropolitan Court failed to apply his mind
properly at the stage of
scrutiny and nor the requirements of law were correctly and
responsibly followed by him before proceeding with the matter.
Honourable Holiday Magistrate failed to apply his mind on the
contradictory statements made by the Police in the Remand Application
and FIR No.405/2002
registered by Police. He even did not care to read and understand the
case and simply took the
text from the Police.Honourable Holiday Magistrate even did not
determine his own territorial
jurisdiction to deal with the matter, in view of section 170 &177
Criminal Pr. Code 1973 and
Section 4 Indian Penal Code 1860.

Honourable Holiday Magistrate However Illegally approved and ordered
Police custody of the
Illegally arrested persons in violation of Section 4 Indian Penal
Code and section 170 &177
Criminal ProcedureCode 1973 and without any consideration for falsely
engineered charges
in the Remand Application Falsifying FIR No. 405/2002 dated 31.12.
2002.
The Remand Application accepted without application of mind by the
Honourable Metropolitan
Magistrate, ordering Police Custody of the accused also does not
establish that the alleged
offences took place, were committed within the Territorial
Jurisdiction of Nagpada Police
Station and thus within the Territorial Jurisdiction of Holiday
Magistrate.
The Remand Custody Application submitted by the Police to the Holiday
Metropolitan Magistrate
was deliberate and fraudulently engineered document to misguide the
court and fraudulently
secure the police custody of the accused illegally for the ulterior
motives. Manipulations and interpolations are crystal clear on the
part of the Nagpada police officer.
The learned Holiday Magistrate Mazgaon Court has proceeded to take
cognisance without
applying his mind, just like putting a rubber stamp on it. By no
stretch of reasoning the
Metropolitan Holiday Magistrate was competent to take cognizance of
the matter.
The proceedings initiated against the accused were liable to be
dismissed on the ground of
lack of jurisdiction alone, under section 177 of criminal procedure
code 1973. No part of
cause of action arose within the Jurisdiction of Mazgaon
Metropolitan court where the Police
Custody Remand Application was filed by the Nagpada Police.
Therefore the entire proceedings
had no foundation. This is the question of law regarding lack of
Jurisdiction.
Don't the magistrate know the basic of criminal law? Judges have to
be responsible,When they
pass orders. They must be aware of its consequences.

Neither the Nagpada Police Station informed the USA Consulate that
the USA citizens were
arrested by them. Nor the higher authorities in the state of
Maharashtra and Ministry of External
Affairs were informed about the arrest of foreign nationals in
violation of Section 4 Indian Penal
Code 1860 by the Nagpada Police Station. No permission was obtained
from higher authorities
as required by the Section 188 of Indian Criminal Proceedure Code
1973.

After obtaining Police-Custody of accused illegally and fraudulently
from Holiday Magistrate
they were produced before Metropolitan Magistrate 15th court Mazgaon
Mumbai, after 2 days
of Jail on 01. 07. 3003. The honourable Magistrate without
ascertaining his territorial jurisdiction proceeded with the
matter, in spite the fact that the said court had no jurisdiction to
try the offences
as the cause of action did not accrue within the territorial
jurisdiction of Nagpada Police Station,
under Section 170 & 177 Code of criminal Procedure, while dealing
with the FIR. No crime has been alleged to have been committed within
the Jurisdiction of Nagpada Police Station. No investigation
was needed to come to the conclusion that part of crime was committed
within the Jurisdiction of
Nagpada Police Station or within the Jurisdiction of Metropolitan
Court at Mazgaon, Mumbai.
Under section 177 of criminal procedure code 1973 no part of cause
of action arose within the
Jurisdiction of concerned Court where the complaint was filed by
police. Therefore the entire
proceedings had no foundation. This is the question of law regarding
lack of Jurisdiction
The proceedings were initiated illegally without any scrutiny,
responsibility and without jurisdiction
and without respect for law by the Honourable Magistrate Mazgaon
Court. Therefore the impugned judgements and orders delivered by the
said court cannot be sustained.

Daughter/ Father duo opposed the bail application and falsely denied
that the divorce was obtained.
Both were out to hit hard and hound till their demand of Ransoms and
Extortion of Rs. Fifty Lakhs was
agreed by the accused

Nagpada Police Station in spite of siezing USA Passports from the
accused, falsely and fraudulently
submitted to the Metropolitan Magistrate at Mazgaon Court, that the
accused were Indian Citizens,
holding Indian Passports. Nagpada Police further submitted to the
court that the accused were
residing in USA as such holding USA resident "Green Card". The
Nagpada Police Station requested
to the Magistrate to order to the accused to surrender the Indian
Passport and USA Green-Card to the Police.

The Illegally arrested US Citizens were released on bail after
execution of P. R. Bond of Rs. 20,000/-
each with one of sureties in the like amount with a condition to
attend police station every day from
10.00 a.m to 12.00 noon until further orders.
Accused were ordered to surrender their Passport and Green Card (in
original) with I.O.
Accused were further directed not to leave the limit of Mumbai
without prior permission of
court till further orders.

The accused attended Nagpada Police station daily between 10.00 A.M.
to 12.00 Noon as
ordered by the court. Accused submitted an application to the
concerned Magistrate on
14 .07. 2003 for return of their USA Passports and permission to
leave India. The request
was granted and the USA Passports were returned on furnishing
additional cash security
of Rs. 10,000/-each against receiving Passports from Nagpada Police
Station.Accused were
permitted to leave India for six months and directed to report their
where abouts to Nagpada
Police Station within that period of six months.Attendance conditions
imposed in bail order
were vacated.

Metropolitan Magistrate while passing above orders releasing USA
Passports did not even
review his own earlier order, directing to the Police to take
possession of Indian Passports
and USA Green -Cards from the accused. Honourable Metropolitan
Magistrate even did not
ascertain the non compliance of the said Judicial orders, and the
reasons for the non-compliance
of taking possession of Indian Passports and USA Green-Cards.
Therefore the above order returning USA passports confirms that the
concerned Honourable
Magistrate was very well aware that the accused were USA Citizens and
their USA Passports
were in possession of Nagpada Police, and allowed the police to
mislead the court and deny the
possession of USA passports.
Metropolitan Magistrate's failure to ensure effective implementation
of his bail orders requiring
the surrender of Indian passports and Green Cards by the accused, to
theNagpada Police Station,
after falsely determining that accused were Indian Citizens and
subsequently ordering to return
the USA Passports to the accused, and recognising the Foreign
nationals not being Indian nationals
by the same Judge, proves hand and glove conspiracy and speaks
volumes of unlawful conduct by
law enforcers in India. The laws and Judicial System have been
completely violated, short circuited, sabotaged and made irrelevant
in this matter. You talk of Justice in a perfect system, not in a
imperfect system where Police Officers, Magistrates and Judges are
falsifying the evidence.

The Orders/ judgements have been passed in a mechanical manner,
without applying mind to the
facts of the case made in the FIR No. 205/2002. Had the Presiding
Officer scrutinised even the
F.I.R. he would have learnt that no offence had taken place in the
territorial jurisdiction of
Metropolitan Court at Mazgaon Mumbai India.
Malpractices, Manipulations and Mala fide on the part of the Nagpada
Police Officer stands proved.
In view of the above manipulations by the Police officer and non-
application of mind firtly by the
learned Holiday Magistrate, and secondly by the learned Metropolitan
Magistrate 15th court
Mazgaon the criminal proceedings stand vitiated.

Supreme Court of India had considered the question of registration of
FIR at length and taking
note of different Sections of Cr.P.C. observed that the territorial
jurisdiction was prescribed
under Sub-Section 1 of Section 156 Cr.P.C. to the extent that a
Police Officer can investigate
any cognisable case, which a Court having jurisdiction over the local
area within the limits of
said Police Station would have power to enquire into or try under the
provisions of Chapter XIII.
However, Sub Section (2) of Section 156 Cr.P.C. makes it clear that
proceedings of Police Officer
in any case cannot be called in question on the ground that the case
was one which such Officer
was not empowered to investigate.
The Supreme Court further observed that Section 170 Cr.P.C.
specifically provides that if, upon investigation, it appears to the
Officers In-charge of the Police Station that crime was not
committed within the territorial jurisdiction of Police Station, that
FIR can be forwarded to the
Police Stating having jurisdiction over the area in which crime is
committed.

In view of above Supreme Court judgement the entire process of taking
cognition of FIR
No.405/2002 dated 31.12. 2002, and issuing non bailable arrest
warrants, issuing look out circular,
arresting the accused and prosecuting the accused by Nagpada Police
and Metropolitam Court
at Mazgaon was Illegal. The entire process was in violation of
Section 170 and 177 code of
Criminal procedure 1973 and section 4 Indian Penal code 1860.


Illegaly arrested and prosecuted accused in India reached back in
USA; after fifteen days of
harassment, agony and extortion by the police and judicial system in
India.

Subsequently Petition for Quash under Section 482 Criminal Procedure
Code and Article 226 of constitution of India was filed with
Honourable Bombay High Court, on behalf of accused being
Criminal Writ Petition Nos 1558 and 1559 of 2003 praying for
quashing of complaint (FIR).
The Petitions were rejected vide order dated 21. 01. 2003. The Bombay
High Court held that the
prayers made in the Writ Petitions were premature and all the pleas
are open to petitioners in the
event of charge sheet being filed by the police.

An application dated 23. 03. 2004 in the Case No. 631/P/2003 was
filed in Metropolitan Magistrate's
15th Court at Mazgaon Mumbai, for "discharge" on grounds of Section
4 of the Indian Penal Code
read with Section 188 of the Code of Criminal Procedure, and other
grounds as follows:
a. The prosecution was filed without obtaining the requisite sanction
from central government
under Section 188 of the Code of Criminal Procedure, as such the
prosecution was bad in law.
b. Even if the entire contents of the FIR No. 405/2002 dated
31.12.2002 are admitted for the sake
of arguments, the said contents by any stretch of imagination,
does not constitute any offence
under the Indian Penal Code 1860 and Dowry Prohibition Act.
c. The fact that the accused No.1 and the complainant were married in
USA, has been admitted by
the complainant herself in the FIR whereas, the complainant's
other contentions that she was
married with the accused no. 1 first time in India is not
corroborated or supported by any
documentary evidence, as any such document does not find any
place in the charge-sheet filed
by police in the above case. Even if her contentions are
accepted as true that she married in India,
then also "The marriage in India does not constitute the offence
under the Indian Penal Code
and Dowry Prohibition Act 1961.
d. The fact that even the marriage between accused no.1 and the
complainant solemnised and
registered in USA, according to USA laws was dissolved by the
Judgement of divorce dated
1.4.2003, passed by the honourable Judge Mr. Bradley Ferenz in
the divorce petition filed by
the accused no. 1 against the complainant on 30.7.2002.
e. It was pertinent to note that as per her own complaint, the
complainant had returned to India
on 28.06.2002, filed her Written Answers to the divorce petition
on 11.9.2002 but has lodged
the complaint in the present case on 10. 12. 2002 as an after
thought.
f. It was also pertinent to note that even if the complainant had
filed her complaint against
accused no.1 on 10.12.2002, in her Written Answers dated
11.9.2002 to the Divorce Petition,
the complainant had categorically stated in para no. 6 that
" The Defendant has no grievances with her HUSBAND and very much
wants
to continue, preserve and nurture her marriage and return to her
Husband.
g. Thus, it can be seen that the complainant, when realised that she
can not stop the accused from
obtaining divorce against the complainant and that she was not
likely to get any amount of money
or property from him had filed the present complaint against the
the entire family as late as about six
months after returning to India and 3 months after after stating
in her written answers to the divorce
petition that she does not have any grievance against her
Husband.
h. The accused further stated that the accused, by virtue of being
American Citizens are fireign
nationals. As per the provisions of section 4 of the Indian
Penal Code, 1860 and section 188 of
Code of Criminal Proceedure, 1973, Your worship does not have
the Jurisdiction to enquire
into the above case and to try the above accused.
j. In view of the above circumstances and the legal position, the
accused pray that your lordship
may be pleased to order the above accused persons to be
Discharged from the above case.

The honourable magistrate without entertaining the above application
for 'discharge', cancelled
bail granted on 14. 07. 2003 and issued non-bailable arrest warrants
on 8th April 2004 insisting
presence of of the
accused in the court.

The Criminal Revision Application No. 38 of 2004 was filed by the
advocate for accused with the
Bombay sessions court at Sewri Mumbai, against the said order of the
honourable magistrate
cancelling the bail and issuing non-bailable warrants without
disposing the application for
discharge made as per section 4 of Indian Penal Code and section 188
of Criminal Pr. Code of India.
The Honourable Sessions Court was requested to examine the legality
and propriety of the
impunged order issued by the Metropolitan Magistrate Mazgaon Court.

The Revision Application was allowed and disposed on 28th May 2004.
The non-bailable warrants issued by the Honourable Magistrate were
ordered to stand cancelled. Honourable Magistrate at Mazgaon Court
was advised to consider the application for discharge,
and decide the same expeditiously in accordance with law. The
Honourable Magistrate was further
advised to give reasonable time to petitioners to appear before him,
keeping in mind that the
petitioners were residents of USA, in case the discharge application
was rejected by him.

The Honourable Metropolitan Magistrate, once again without
considering and deciding the
application for discharge as ordered by sessions court and without
examining the legality and
propriety of his actions; once again insisted on the appearance of
the petitioners before him, as
the petitioners were allowed permission for 6 months, and were
ordered to return to India within
six months vide his order dated 14th July 2003.

The honourable magistrate without entertaining the above application
for 'discharge',
issued non-bailable arrest warrants on 8th April 2004 insisting
presence of of the
accused in the court.

The Criminal Revision Application No. 38 of 2004 was filed by the
advocate for
accused with the Bombay sessions court at Sewri Mumbai, against the
said order
of the honourable magistrate cancelling the bail and issuing non-
bailable warrants
without disposing the application for discharge made as per section 4
of Indian Penal
Code and section 188 of Criminal Pr. Code of India. The Honourable
Sessions Court
was requested to examine the legality and propriety of the impunged
order issued by
the Metropolitan Magistrate Mazgaon Court.

The Revision Application was allowed and disposed on 28th May 2004.
The non-bailable warrants issued by the Honourable Magistrate were
ordered to
stand cancelled. Honourable Magistrate at Mazgaon Court was advised
to consider
the application for discharge, and decide the same expeditiously in
accordance with law.
The Honourable Magistrate was further advised to give reasonable time
to petitioners to
appear before him, keeping in mind that the petitioners were
residents of USA, in case
the discharge application was rejected by him.

The Honourable Metropolitan Magistrate, without considering and
deciding the
application for discharge on 10th June 2004, and without examining
the legality and
propriety of his actions; once again insisted on the appearance of
the petitioners before
him, as the petitioners were allowed permission for 6 months, and
were ordered to return
to India within 6 months vide his order dated 14th July 2003.

The Criminal Revision Application No. 6 of 2005 was once again filed
in the Mumbai Sessions
Court, against the order of Honourable Metropolitan
Magistrate,Mazgaon Court which is pending.
Session's Court committed grave error by reffering the matter back
to the metropolitanMagistrate Mazgaon Court. The Sessions court at
Mumbai aught to have 'Discharged' the case,using power of
superintendance over the sub ordinate court. The Revision application
for discharge ought to have
been decided on it's merits by the court of appeal.

The Supreme Court of India has ruled in respect of the Similar
Application made under
Section 188 Cr. P. Code 1973 and Section 4 IPC 1860.
http://judis.nic.in/supremecourt/qrydisp.aspx?filename=31538
THE SUPREME COURT OF INDIA HAS DECIDED THE ISSUE ON 13th MAY 2008 .
IN CRIMINAL APPEAL ARISING OUT OF SLP (Crl) No.6004 of 2006.
Fatma Bibi Ahmed Patel.... Versus State of Gujarat & Anr.
The Supreme court of India Judgement says:-

"The proceedings were initiated illegally and without jurisdiction".
"In view of the fact that the offence is said to have been committed
outside India, the provisions of IPC or CrPC cannot have any
application".








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