Court sets riders on NRI divorces

NEW DELHI: A trial court has held that adivorce decree granted by a foreign court to anNRI is invalid in case the woman does not have the means to go to that country to plead her case and if she had not subjected herself to the jurisdiction of that court.

"The apex court has opined that where the foreign judgment is in defiance of the Indian Law, it could not be said to be conclusive... in the matter adjudicated and would be unenforceable," in this country," it said, adding the woman's objections raised by the woman fell within the purview of the exceptions of Section 13 Civil Procedure Code (when 'foreign judgment not conclusive'.

The court gave the ruling in a case where a UK-based NRI divorced his wife there though his wife had returned to India and not "submitted to the jurisdiction of a foreign court". The woman has sought divorce here on grounds of cruelty. The court said that the decree of divorce granted by the court could not be recognized.

"The fact that the petitioner has been residing in India since December 2009 and did not have the wherewithal to contest the proceedings on merit in the court in UK not only created an imbalance and an inequitable situation but clearly points out that she had not submitted to the jurisdiction of that court," Additional District judge Ina Malhotra said.

The woman (petitioner) had moved the trial court seeking divorce on the grounds of cruelty. Her husband, however, submitted that their marriage had already been dissolved by a court in UK and had attained finality. Hence, making a application infructuous. Also, since both the parties were a resident of UK, the decree was valid.

Her counsel Prashant Mendiratta argued that since the lady had never subjected herself to the jurisdiction of the UK Court adjudicating on the divorce, the decree passed by the UK Court would not bind the lady. Citing various judgments by Supreme court on the issue, Mendiratta said that in any case the proper law for dissolution of a marriage solemnized by Hindu rites and ceremonies between two Hindus would be the personal law of the parties, which is the Hindu Marriage Act, 1955-an act not applicable in UK.

After going through the contentions of both the parties, the court held that the objections raised by the woman fell within the purview of the exceptions of Section 13 Civil Procedure Code (when foreign judgment not conclusive), rendering the foreign decree a nullity. "I find that apex court has clearly opined that where the foreign judgment is in defiance of the Indian Law, it could not be said to be conclusive in the matter adjudicated and would be unenforceable in this country," it said.

The court also said even the fact that the petitioner (woman) was a resident of UK before and after marriage cannot vest the foreign court with the jurisdiction to adjudicate the matter as she had returned to India for good and not on a fleeting visit "prior to initiation of divorce proceedings" in UK.

13 PIOs among 111 charged in biggest identity theft in US

NEW YORK: In the biggest identity theft scam in the US history, 111 people, including at least 13 of Indian origin, have been charged by federal authorities for stealing credit card data of thousands of customers to buy high-end products worth over $13 million, including Apple gadgets and fancy bags from Gucci.

Among those indicted in 'Operation Swiper' are bank tellers, store employees and restaurant workers who allegedly skimmed customers' personal IDs. Many of the defendants are accused of going on nationwide shopping sprees, staying at five-star hotels, renting luxury automobiles and private jets with forged credit cards that contained the account information of unsuspecting American and European consumers.

The defendants are members of five organized forged credit card and identity theft rings based in Queens County and have ties to Europe, Asia, Africa and the Middle East. Charged in 10 indictments, the defendants perpetrated fraud that cost financial institutions and retail businesses more than $13 million in losses over 16 months. The indictments charge that Imran Khan, Ali Khweiss, Anthony Martin, Sanjay Deowsarran and Amar Singh were "bosses" of criminal enterprises and received the necessary raw material - lists of credit card account numbers and various blank credit cards. Among the Indian-origin people charged are Vishnu Harilal, Ravindra Singh, Amar Singh, Neha Punjabi Singh, Ravi Ramroop and Kamal Sanasi. Eighty-six of the defendants are in custody and 25 are being sought.

In addition, nearly 24 defendants are variously charged in six indictments with burglaries and robberies throughout Queens County. "This is by far the largest and certainly among the most sophisticated identity theft/credit card fraud cases that law enforcement has come across," Queens district attorney Richard Brown said. Brown said credit card fraud and identity theft are two of the fastest growing crimes in the US, afflicting millions of victims and costing billions of dollars in losses to businesses.

According to the indictments, between May 2010 and September 2011 counterfeit cards were given to teams of "shoppers" who were sent out on shopping expeditions in New York, Florida, Massachusetts, Los Angeles. They bought Apple iPads, iPhones, computers, watches and fancy handbags from Gucci, Louis Vuitton, Rolexe and Breitling. The groups would %then resell the merchandise oversees to locations in China, Europe and the Middle East. pti They are also alleged to have used forged credit cards to rent such luxurious automobiles as Lamborghinis and Porsches.

The investigation involved intelligence gathering and electronic eavesdropping on dozens of different telephones in which thousands of conversations in Russian, Mandarin and Arabic were intercepted.

Brown said as part of the investigation, search warrants were executed earlier this week at 15 locations throughout New York City and Long Island.

Among the items allegedly recovered were approximately USD 650,000 in cash, seven handguns, computers, card readers, embossers, blank credit cards and fake identifications. 

Punjab Assembly passes 10 Bills, withdraws three

Chandigarh, October 8
Punjab Vidhan Sabha today passed 10 Bills amid sloganeering by the Opposition Congress legislators even as two controversial bills on the formation of a special security group and damage to property were withdrawn. The legislators also increased their own allowances as well as those of the Speaker and the Deputy Speaker.
All the 10 Bills were passed by majority vote amid much uproar, with the Opposition trying to stall the house proceedings after the Speaker ruled that Chief Minister Parkash Singh Badal could make a statement at the start of zero hour before allowing time to it (Opposition).
Notably, the Punjab Legislative Assembly (Salaries and Allowances of Members) Amendment Bill, 2011, allows hike in house loan limit to Rs 50 lakh for legislators. The loan for house repair has been hiked to Rs 3 lakh and Rs 15 lakh will now be allowed for purchasing a car. The MLAs will also be eligible for transport allowance at the rate of Rs 12 to Rs 15 per km.
The Punjab Legislative Assembly Speaker's and Deputy Speaker's Salaries (Second Amendment) Bill, 2011, allows the family and the dependents of both the Speaker and the Deputy Speaker to travel by train or aeroplane. Now onwards, they would also not have to furnish any bills for free travel facility of up to Rs 2 lakh, as allowed to them.
In another significant development, the ruling SAD bowed to the demand of its coalition partner, the BJP, by bringing in the Punjab Prohibition of Cow Slaughter Amendment Bill, 2011. The Bill calls for punishment up to 10 years for cow slaughter, besides a penalty of Rs 10,000. Also passed was the Punjab Land Reforms Amendment Bill, 2011, which allows relaxation from land ceiling laws for those who are not tilling land.
Among the other Bills passed were the Guru Kashi University Bill regarding the setting up of another private university at Talwandi Sabo and the Punjab School Education Board Amendment and Extension Bill, 2011, which allows for extension in the term of its Chairman Dr DS Dhillon for one year. The other Bills were Punjab State Commission for NRIs Bill, 2011, which calls for the formation of a commission for NRIs, Punjab State Board of Technical Education and Industrial Training (Amendment) Bill, 2011, the Punjab Land Revenue Second Amendment Bill, 2011, and the Punjab Health Systems Corporation Amendment Bill 2011.
In another significant development, the government withdrew three bills. Deputy Chief Minister Sukhbir Singh Badal said both the Punjab Special Security Group Bill, 2010, and the Punjab Prevention of Damage to Public Property Bill, 2010, had been withdrawn following objections by various people groups. He said an apprehension had been created that these Bills would curtail the liberty of people, which was not the intention of the government.
Sukhbir said the Special Security Group Bill had been proposed after the Mumbai terror attacks and that the special group being formed under it would not be involved in police work, as was being felt by some people. He said similarly there were objections to the Bill on damage to public property that people would have to take permission from the sub-divisional magistrate for holding demonstrations. He said both Bills were being reworked and would be brought into effect through ordinances soon.
The Punjab Civil Services Amendment Bill has also been withdrawn with the government deciding not to go in for contractual employment in government service.
BILLS PASSED

The Punjab Legislative Assembly (Salaries and Allowances of Members) Amendment Bill, 2011 l Allows hike in house loan limit of up to Rs 50 lakh for MLAs l Loan for house repair hiked to Rs 3 lakh l Rs 15 lakh allowed for buying a car l MLAs to be eligible for transport allowance at the rate of Rs 12 to Rs 15 per km

The Punjab Legislative Assembly Speaker's and Deputy Speaker's Salaries (Second Amendment) Bill, 2011 l Allows the family and the dependents of both the Speaker and the Deputy Speaker to travel by train or aeroplanel They would not have to furnish any bills for free travel facility up to Rs 2 lakh

The Punjab Legislative Assembly Speaker's and Deputy Speaker's Salaries (Second Amendment) Bill, 2011 l Allows the family and the dependents of both the Speaker and the Deputy Speaker to travel by train or aeroplanel They would not have to furnish any bills for free travel facility up to Rs 2 lakh

The Punjab Prohibition of Cow Slaughter Amendment Bill, 2011l Calls for punishment up to 10 years for cow slaughter, besides a penalty of Rs 10,000

The Punjab Land Reforms Amendment Bill, 2011l Allows relaxation from land ceiling laws for those who are not tilling land

The Guru Kashi University Billl Allows setting up of a private university at Talwandi Sabo

The Punjab School Education Board Amendment and Extension Bill, 2011l Allows for extension in the term of its chairman Dr DS Dhillon for one year

Punjab State Commission for NRIs Bill, 2011l Calls for the formation of a commission for NRIs

The Punjab State Board of Technical Education and Industrial Training (Amendment) Bill, 2011 The Punjab Land Revenue Second Amendment Bill, 2011The Punjab Health Systems Corporation Amendment Bill 2011

The Punjab Special Security Group Bill, 2010l Had been proposed after the Mumbai terror attacks

The Punjab Prevention of Damage to Public Property Bill, 2010 l People would have to take permission from the SDM for holding demonstrationsThe Punjab Civil Services Amendment Bill n Has been withdrawn as govt has decided against contractual employment

New rules to stop Indian workers settling in UK

LONDON: UK announced that Indian and other non-EU professionals will have to return to their countries of origin after their work visaexpires instead of being allowed to settle here after working for five years.

Currently, immigration rules allow non-EU professionals to settle in Britain indefinitely after working for five years.

This provision is likely to be soon scrapped under the David Cameron government's plans to cut immigration.

Setting out several measures the Cameron government had taken since assuming office in 2010, Home secretary Theresa May said: "Under Labour, temporary immigration led to an automatic right to settle here. So we're breaking that link, making sure that immigrants who come here to work go home at the end of their visa".

Speaking at the Conservative party conference in Manchester, May drew applause as she announced changes to immigration rules that would enable officials to deport foreign nationals who commit crimes in Britain, and seek to stay on using the right to family life under the European Convention of Human Rights (ECHR).

Earlier, immigration minister Damian Green reiterated the government's commitment to tighten immigration rules, and cited two examples from Delhi to allege abuse of the visa system for students and workers.

Recalling the annual cap of 21,700 for foreign workers, Green said: "I saw, in our office in Delhi, a man being interviewed for his visa. He said he was coming for a skilled job working on a busy production line making machinery.

He needed an interpreter for his visa interview. He would not be safe on a busy, dangerous production line".

Does rape victim’s build matter? State definitely thinks so

MUMBAI: Is it important for a doctor to jot down a rape victim's build while examining her? Is the size of the accused's organ important to establish rape? Are injuries on a victim's body of vital importance?

As per the second and reworked version of the state government's pro forma, a document which doctors have to fill up while examining a rape victim, the answer is "yes". The new pro forma, which the state presented to the Nagpur bench of the Bombay high court on October 5 after health activists felt that its first draft was insensitive, has further exasperated them.

Despite months of dialogue with the committee appointed under the HC's order, the activists feel there is "overemphasis'' on injuries and "too much stress on types of hymen and status of hymen''.

The second draft pro forma and manual came in response to a PIL filed by Dr Ranjana Pardhi last year for streamlining the medico-legal response to sexual assault.

The Mumbai-based health NGO, Cehat, joined the case and has since sought the World Health Organization's help in drawing up the guidelines. The WHO's response to the Maharashtra pro forma was sent to the committee, but little has been incorporated.

"There is little emphasis on physical and psychological treatment of the victim,'' said Cehat's Sangeeta Rege, adding that the focus is still on rape and not on sexual assault. There is no mention of putting the victim on preventive treatment for HIV or pregnancy. The organization has sent a letter of protest to the directorate of health's Dr Archana Patil. "The manual just doesn't incorporate the internationally accepted definition of "sexual violence" and therefore continues to be unscientific and biased against women,'' said the letter. A long-standing demand to include a standardized checklist for doctors has also been ignored.

The activists feel that observations about a woman's nutritional status or physical constitution could lead to bias: for instance, the assumption that a well-built woman can resist sexual assault. Secondly, doctors don't need to ascertain the size of the accused's penis, his ability to assault or the presence of hymen in the victim to underline rape. "Hymen can tear due to a physical activity like cycling,'' said Rege. Lastly, some evidence may be lost because victims may delay complaining to the police or doctors. "So, stressing on the presence of injuries is not right,'' she added.

Dr Walter Vaz, who heads KEM Hospital's forensic deparment and is an advisor to Cehat in this case, said that certain points had to be downplayed and others to be highlighted in the pro forma. "The hymen is an overrated piece of tissue. We need to downplay it as well as potency of the accused. Gentle reminders about questions doctors need to ask patients may help,'' he said.

Lawyer-activist Flavia Agnes, who was present for the committee's meeting on August 6, concurred. "We need to stress on treatment for patients, especially those who don't want to lodge a complaint. Public hospital doctors may ask such a rape victim to go and not even treat her.''

Incidentally, the WHO observations mentioned the need for "probes'' or questions that doctors need to ask. "The victim needs to be asked if there was oral or anal sex. The doctors too are part of our society and many feel squeamish about asking such questions. Hence, we need a list of probes,'' said Rege. However, the committee has in its August 6 consultations turned down this suggestion saying that it would be a leading question.

Police surgeon Dr S M Patil, who is a member of the state government committee, said that the committee comprised gynaecologists, forensic experts and resident doctors who do the actual examination of victims. "It wasn't the decision of one person. An entire committee has thought and worked it out. Moreover, it is not necessary that all that health activists say is right.''

The next hearing is on October 12th.

Bhanwari Devi case: SUV recovered from Gujrat town

PALANPUR: An SUV believed to have been used in abducting Bhanwari Devi, an auxiliary nurse midwife who had disappeared from Jodhpur over a month ago, was recovered from Kanodar, about 10 km from here, on Saturday.

A police team recovered the vehicle (RJ 19 UA 3950) from a garage in Kanodar, a hub for auto repair in the region with about a dozen workshops.

Indra Singh Rathod, circle inspector of Pipaar police station, said, "It seems somebody linked to the abduction brought the vehicle for repair on September 9. Garage owner Praveen Mistry told us the accused paid Rs 10,000 in advance for the repair, including a paint job."

The garage owner, however, found the client's behaviour strange and chose not to touch the vehicle. Bhanwari Devi had disappeared from Jodhpur over a month ago, amid reports that she had a CD showing a state minister in a compromising position with her.

On Friday, the Rajasthan police received an anonymous letter claiming that Devi was still alive and is being held hostage by an influential politician from Haryana.

The police, however, are not taking the letter sent from Nagaur seriously and suspecting it to be an attempt to distract the investigation. 

It will be a real busy Monday in SC

New Delhi, October 8
The Supreme Court will hear on Monday a string of sensational and high-profile cases, including the 2G Spectrum scam, the 2008 terror attack on Mumbai and the assassination of former Prime Minister Rajiv Gandhi in 1991.
The hearing in the 2G case relates to a plea for a CBI probe into the alleged failure of P Chidambaram to prevent the 2007-08 scam despite being the Finance Minister that time. The CBI and the Centre are against the plea by Janata Party president Subramanian Swamy.
At the last hearing, just before the week-long Dussehra break, the relevant SC Bench had taken from the CBI a 500-page document containing the statement of former Finance Secretary D Subbarao, who is now Governor of the Reserve Bank of India, to assess the need for examining Chidambaram.
The CBI had argued that Subbarao’s statement had ruled out the possibility of Chidambaram’s involvement in the scam. The Bench comprising Justices GS Singhvi and AK Ganguly has indicated that it would conclude the hearing on Monday.
In support of his plea, Swamy has produced a background paper produced by the Finance Ministry headed by Pranabh Mukherjee on the 2G scam, claiming that this document has exposed Chidambaram’s lapses in preventing then Telecom Minister A Raja from going ahead with the allocation of 2G Spectrum at 2001 prices, instead of auctioning it to realise the market rate prevailing in 2008.
Another Bench comprising Justices Aftab Alam and CK Prasad will hear the appeal of Pakistani terrorist Ajmal Kasab challenging the death sentence awarded to him for attacking Mumbai in November 2008 along with nine other LeT operatives. As many as 166 persons were killed in the attack. A trial court in Mumbai had given him death penalty on May 6, 2010, which was confirmed by the Bombay High Court on February 21 this year. Kasab has sent the letter petition from the jail.
The third case relates to a petition by a Congress activist seeking the transfer of the case, filed in the Madras High Court by the three convicts sentenced to death for their role in the assassination of Rajiv Gandhi, either to the SC or some HC outside Tamil Nadu.
A Bench comprising Justices GS Singhvi and HL Dattu has already issued notice to the Centre, the state government, the three convicts - Santhan, Murugan and Arivu - the Inspector General (Prisons) and the Superintendent of Police, Vellore Prisons, where the death row convicts are jailed. The petitioner, LK Venkat, a physically challenged lawyer, contended that the surcharged atmosphere prevailing in Tamil Nadu over the issue was not conducive to hearing the case in the state.
In their petition in the HC, the convicts have pleaded for commuting their death sentence to life term in view of the long delay in the rejection of their mercy petitions by the President and their consequential solitary confinement. Staying their execution, the HC issued notice to the government on August 30.

Saudi king overturns verdict, saves woman driver from lashing

RIYADH: Saudi King Abdullah has overturned a court ruling sentencing a Saudi woman to be lashed 10 times for defying the kingdom's ban on female drivers, a government official said.

The official declined to elaborate on the monarch's decision, and spoke on condition of anonymity because he was not authorized to brief the media.

A Saudi court had found Shaima Jastaina guilty of violating the driving ban, and sentenced her to 10 lashes. The verdict took Saudi women by surprise, coming just a day after King Abdullah promised to protect women's rights and decreed that women would be allowed to participate in municipal elections in 2015. Abdullah also promised to appoint women to a currently all-male advisory body known as the Shura Council.

The harsh sentence marked the first time a legal punishment had been handed down since female activists began their campaign in June to break the taboo in this ultraconservative Muslim nation.

There are no written laws that restrict women from driving. Rather, the ban is rooted in conservative traditions and religious views that hold giving freedom of movement to women would make them vulnerable to sins.

Normally, police just stop female drivers, question them and let them go after they sign a pledge not to drive again. But dozens of women have continued to take to the roads since June in a campaign to break the taboo.

Saudi Arabia is the only country in the world that bans women _ both Saudi and foreign _ from driving. The prohibition forces families to hire live-in drivers, and those who cannot afford the $300 to $400 a month for a driver must rely on male relatives to drive them to work, school, shopping or the doctor.

Saudi woman sentenced to 10 lashes for driving car

CAIRO: A Saudi woman has been sentenced to be lashed 10 times with a whip for defying the kingdom's prohibition on female drivers, the first time a legal punishment has been handed down for a violation of the longtime ban in the ultraconservative Muslim nation.

Normally, police just stop female drivers, question them and let them go after they sign a pledge not to drive again. But dozens of women have continued to take to the roads since June in a campaign to break the taboo.

Making Tuesday's sentence all the more upsetting to activists is that it came just two days after King Abdullah promised to protect women's rights and decreed that women would be allowed to participate in municipal elections in 2015. Abdullah also promised to appoint women to a currently all-male advisory body known as the Shura Council.

The mixed signals highlight the challenge for Abdullah, known as a reformer, in pushing gently for change without antagonizing the powerful clergy and a conservative segment of the population.

Abdullah said he had the backing of the official clerical council. But activists saw Tuesday's sentencing as a retaliation of sorts from the hard-line Saudi religious establishment that controls the courts and oversees the intrusive religious police.

``Our king doesn't deserve that,'' said Sohila Zein el-Abydeen, a prominent female member of the governmental National Society for Human Rights. She burst into tears in a phone interview and said, ``The verdict is shocking to me, but we were expecting this kind of reaction.''

The driver, Shaima Jastaina, in her 30s, was found guilty of driving without permission, activist Samar Badawi said. The punishment is usually carried out within a month. It was not possible to reach Jastaina, but Badawi, in touch with Jastaina's family, said she appealed the verdict.

Saudi Arabia is the only country in the world that bans women _ both Saudi and foreign _ from driving. The prohibition forces families to hire live-in drivers, and those who cannot afford the $300 to $400 a month for a driver must rely on male relatives to drive them to work, school, shopping or the doctor.

There are no written laws that restrict women from driving. Rather, the ban is rooted in conservative traditions and religious views that hold giving freedom of movement to women would make them vulnerable to sins.

Activists say the religious justification is irrelevant.

``How come women get flogged for driving while the maximum penalty for a traffic violation is a fine, not lashes?'' Zein el-Abydeen said. ``Even the Prophet (Muhammad's) wives were riding camels and horses because these were the only means of transportation.''

Since June, dozens of women have led a campaign to try to break the taboo and impose a new status quo. The campaign's founder, Manal al-Sherif, who posted a video of herself driving on Facebook, was detained for more than 10 days. She was released after signing a pledge not to drive or speak to media.

Since then, women have been appearing in the streets driving their cars once or twice a week.

Until Tuesday, none had been sentenced by the courts. But recently, several women have been summoned for questioning by the prosecutor general and referred to trial.

One of them, housewife Najalaa al-Harriri, drove only two times, not out of defiance, but out of need, she says.

``I don't have a driver. I needed to drop my son off at school and pick up my daughter from work,'' she said over the phone from the western port city of Jiddah.

``The day the king gave his speech, I was sitting at the prosecutor's office and was asked why I needed to drive, how many times I drove and where,'' she said. She is to stand trial in a month.

After the king's announcement about voting rights for women, Saudi Arabia's Grand Mufti Abdel Aziz Al Sheik blessed the move and said, ``It's for women's good.''

Al-Harriri, who is one of the founders of a women's rights campaign called ``My Right My Dignity,'' said, ``It is strange that I was questioned at a time the mufti himself blessed the king's move.''

Asked if the sentencing will stop women from driving, Maha al-Qahtani, another female activist, said, ``This is our right, whether they like it or not.''

Iran hangs convicted rapist

TEHRAN: Iran on Sunday hanged a convicted rapist in the northern city of Sari, the ISNA news agency reported.

The man sent to the gallows had threatened and raped his victim while claiming to be a law enforcement agent, the report added without giving further details.

The latest hanging brings the number of executions, reported in Iran so far this year, to 207.

Iranian media reported 179 hangings last year but international human rights groups say the actual number was much higher, ranking the Islamic republic second only to China in the number of people it executed in 2010.

Tehran says the death penalty is essential to maintain law and order, and that it is applied only after exhaustive judicial proceedings.

Murder, rape, armed robbery, drug trafficking and adultery are among the crimes punishable by death in Iran.

Israeli wins right to 'no religion'

JERUSALEM: An Israeli writer has won a historic court victory granting his request to be officially registered as "without religion" rather than "Jewish", Israeli newspaper Haaretzreported on Sunday.

Yoram Kaniuk turned to the courts in May after the interior ministry refused to alter his official religious status from Jewish to "without religion", Haaretz said.

And last week, a Tel Aviv court sided with his demand, ruling that Israeli law allows citizens to be officially registered as having no religion.

"Freedom from religion is a freedom derived from the right to human dignity, which is protected by the Basic Law on Human Dignity and Freedom," Haaretz quoted the ruling as saying.

Kaniuk called the court's decision a "ruling of historic proportions". "I can be without religion but Jewish by nationality. I am so thrilled," he said.

That has raised the ire of secular groups who have petitioned the interior ministry for years to replace the Jewish ethnicity label with an Israeli one.