Most NRIs duped of property, cash by their own near and dear ones

Jalandhar, October 24
Usurping of their valuable property, be it land or plush homes or misuse of money by none other but their own near and dear ones back home are the major sources of tension for the NRIs staying in different parts of the world.
More than 80 per cent of NRIs remain disturbed because their lands have been usurped as has the money sent by them for some good cause like building of a new house or purchase of a new piece of land. There is hardly any solution in sight for them because either they have to enter into a compromise with wily relatives for local pressures or they have to make rounds of courts for years together which, was hardly any viable option for most of them.
“Hundreds of NRIs are grappling with problems related to forcible occupation of their lands back home by their own relatives and near and dear ones. In most cases, the NRIs send money to their relatives for building of new homes with a hope that they might be able to come and enjoy a brief stay in the comfort of their own homes but this dream rarely turns into a reality for them. In most cases, the money sent by NRIs to their families back home is usurped by their own brothers or sisters. Discord within the family is the biggest factor that has been depriving NRIs of their sleep,” said Khushi Ram, a former IAS officer and the Executive Director the NRI Sabha, Punjab which. About 16000 members are registered with the NRI Sabha, an NGO which enjoys the patronage of the Punjab Chief Minister and was headed by the Jalandhar Divisional Commissioner Anurag Verma as its Chairman.
Since, most NRIs hail from the Doaba region of Punjab, the complaints or cases are mostly related to NRIs belonging to Jalandhar, Hoshiarpur, Nawanshahr and Kapurthala districts.
The Sabha, according to Khushi Ram, has been able to solve as many as 401 cases out of a total of 556 cases instituted between January and September. Most of the cases or complaints were solved by way of compromise. “In fact, NRIs are not aware of whom to approach in case of a difficulty. They should contact the sabha via e-mail or telephonically. We keep following their complaints till they are disposed off,” said Khushi Ram. He said contrary to the common perception, the NRI police stations were also doing a good job by mediating and bringing about a compromise between the aggrieved parties.
Despite having no executive powers, the Sabha, Khsuhi Ram claimed, was able to solve 80 per cent of problems of NRIs by way of compromise between the warring parties. “The response of the NRIs has been tremendous of late. They have started trusting the Sabha for even smaller matters,” said Khushi Ram.

Illegal detention: A$600k relief likely for Indian student

Melbourne, October 24
An Indian student, who was detained in 2004 by Australian immigration authorities for violating visa rules, is likely to get a whopping compensation of 600,000 Australian dollars after the country’s human rights body termed his detention as ‘arbitrary’.
Prashant Cherkupalli (31) was detained in late 2004 by Australia’s Department of Immigration and Citizenship for working at a bakery in Western Sydney despite having “no work” condition on his visa.
Cherkupalli, a student of engineering, had spent nearly 18 months in southwestern Sydney's Villawood Immigration Detention Centre before he was released in April 2006. Since then he has been living on bridging visas there. He had lodged a case with the Australian Human Rights Commission, which released its findings earlier this month.
Cherkupalli’s lawyer Tom Mithieux said his detention was found by the Human Rights Commission to be an arbitrary detention and breached the Migration Act. The commission subsequently made recommendations in relation to compensation and also on an apology among others.
Human Rights Commissioner Catherine Branson found that Cherkupalli should be paid 597,000 dollars in compensation for the 509 days he was illegally detained.
“The commission also found Cherkupalli should be paid nearly 600,000 Australian dollars in compensation. It takes into account general damages, which is generally looking at the hurt and humiliation I suppose of being arbitrarily detained for that period of time. There is also some scope for past economic loss,” Mithieux said.
“I came to Australia to get a job and get a permit and to settle down, but things have gone wrong for me and I ended up in detention, where I should not end up,” Cherkupalli was quoted as saying by ABC news.
“It’s not easy, counting every day to get out from there and back on the studies and back on the job,” Cherkupalli said.
The commission’s recommendations, however, are not binding on the Federal Government and Cherkupalli still faces deportation.
Mithieux said Cherkupalli should instead be granted permanent residency by Immigration Minister Chris Bowen.
“There have been requests for ministerial intervention in the past. They have been rejected,” he said.
However, in light of these findings, the minister has again been called to intervene and to put Cherkupalli in a position that he would have been but for this period of detention, which really means giving him permanent residency.
The Immigration Department says it will respond to the commission’s report by the end of the week. Cherkupalli’s lawyers have also lodged a claim for unlawful imprisonment in the New South Wales Supreme Court.

Visa Hassle

Prashant Cherkupalli was detained in late 2004 by Australia's Department of Immigration and Citizenship for working at a bakery in Sydney despite having "no work" condition on his visa.
Cherkupalli, an engineering student, spent nearly 18 months in southwestern Sydney's Villawood Immigration Detention Centre before he was released in April 2006.
He lodged a case with the Australian Human Rights Commission, which termed his detention as arbitrary and said he should be paid nearly 600,000 AUD in compensation.

Kanimozhi stays in jail, Amar gets bail

Court reserves Kanimozhi bail plea order till Nov 3

No bail for Yeddyurappa as well BJP's first Chief Minister in the south, BS Yeddyurappa also prepared to spend a lonely Diwali behind bars with the Karnataka High Court adjourning his bail hearing on Monday on grounds that the arguments were inconclusive.

New Delhi, October 24
DMK MP Kanimozhi and six other accused in the 2G Spectrum allocation scam will have to stay behind bars on Diwali as a Central Bureau of Investigation (CBI) court here today reserved orders on their bail pleas till November 3.
However, as the CBI told the trial court that it did not have any objection to letting Kanimozhi out, the prospects of the Rajya Sabha MP getting bail next week have brightened.
Daughter of former Tamil Nadu Chief Minister and DMK supremo K Karunanidhi, Kanimozhi has been lodged in the Tihar Jail since May 20.
Arguing before Special CBI Judge OP Saini, the CBI also did not oppose the bail pleas of Sharmad Kumar (MD of Kalaignar TV), Asif Balwa and Rajiv Agarwal (Directors of Kusegaon Fruits and Vegetables) and Karim Morani (Bollywood producer).
The trial court will deliver its verdict on the bail pleas on November 3.
“Of course, bail should be granted to them subject to the discretion of the court” by imposing restrictions on them, if necessary, for ensuring their presence during the trial, Special Public Prosecutor UU Lalit said.
Balwa, Agarwal and Morani allegedly served as conduits for the investment of Rs 206 crore in Kalaignar TV by Shahid Balwa, promoter of Swan Telecom that reportedly benefited from the scam. Kanimozhi is a director of the television company, named after Karunanidhi, who is fondly called by his political followers as “Kalaignar”, a Tamil word meaning scholar.
However, the CBI opposed the bail pleas of Shahid Balwa and RK Chandolia, who was private secretary to A Raja, the then Telecom Minister who is the prime accused in the case. On October 22, the trial court framed charges against all 17 accused in the case.
Explaining the logic behind supporting the bail pleas of Kanimozhi and four others, the CBI said the gravity of their offence was less than that of Shahid Balwa and Chandolia. If convicted, Kanimozhi and the four faced a maximum punishment of five years, while the other two would be sentenced to a longer period, Lalit argued.
Arguing for Kanimozhi and Kumar, senior advocate Altaf Ahmed said the Supreme Court had clarified on June 22 that his clients would be free to seek bail afresh after the framing of charges.
The other accused have sought bail on various grounds — health, proposed marriage of daughters and the social stigma associated with being behind the bars for a long duration.

Parking contractor fined Rs 20,000

Chandigarh, October 24
The District Consumer Disputes Redressal Forum-II has imposed a fine of Rs 20,000 on a parking contractor of Sector 8, Chandigarh. The forum comprising president Lakshman Sharma and member Jaswinder Singh Sidhu also directed the respondent, Sanjeev Kumar, to pay Rs 7,000 as litigation costs.
The complainant, Shashi Kant Wadhawan, a resident of Sector 10, averred that he had parked his car in the parking lot of Sector 8, Chandigarh. On return, he found his car missing. The parking lot attendants refused to divulge any information or help him out. Ultimately, he reported the matter to the police and an FIR was lodged at the Sector 3 police station. He said though the insured declared value of the car was paid to him by the insurance company, he did not get money for wheel alloys, car stereo, central locking and gear lock.
Counsel for the parking contractor denied all allegations and pleaded that no document had been placed before the forum to prove that the complainant had ever visited the tennis ground in Sector 10. He said there was no mention of wheel alloys, stereo or tennis kit in the FIR. The forum observed that the complainant had failed to prove that the accessories of the vehicle were affixed with the car and the tennis kit was lying in the car. Therefore, he would not be compensated for these articles.

Hijacker of Indian plane wins battle for passport

Chandigarh, October 24
“Hijacker” Davinder Singh has won the legal battle for passport against the Centre. Clearing the decks for the release of his passport, the Punjab and Haryana High Court has observed no case was pending against him now. The directions came after the State of Punjab, in its reply, said although the petitioner had been convicted in a heinous crime and for an anti-national activity, he has not indulged in any adverse activity subsequent to his release.
Allowing Davinder Singh’s petition against the Union of India and other respondents, Justice K. Kannan asserted: “The petitioner shall, therefore, be favourably considered and the competent authority amongst respondents is directed to issue a passport in accordance with law.
Davinder Singh was one of the hijackers, who had taken an Indian plane to Pakistan during the days of militancy. The aircraft was, in fact, hijacked after Operation Bluestar. Settled in Chandigarh, Davinder Singh has already been released from prison.
Taking up the petition, Justice Kannan asserted: “The application for passport filed by the petitioner was rejected on January 4, 1999, under the provisions of the Passport Act.
“The Government had also in appeal rejected his passport application by its orders dated January 29, 2004. The petition is filed on the ground that after the conviction was rendered under the provisions of Anti-Hijacking Act of 1982, read with the provisions of the Indian Penal Code, where the petitioner had been serving a life imprisonment, the Supreme Court commuted his life sentence for the period of service already undergone and he was ordered to be released on October 3, 1996.
Justice Kannan added: “According to the petitioner, there is no particular impediment against the issuance of passport especially when more than five years have expired since the order of release and there is no bar under any of the provisions of the Passport Act from issuing the passport”.
Justice Kannan concluded: “As of now, there is nothing adverse against the petitioner.Admittedly, there is no case pending now. The writ petition is allowed.

Woman, son booked for duping youth of Rs 6.5 lakh

Moga, October 24
The police has registered a criminal case of fraud against a woman and her son for allegedly duping a youth of Rs 6.5 lakh on the pretext of sending him to Greece for a job.
In his complaint, Baljinder Singh of Badhni Kalan village of the district alleged that the woman, Amarjeet Kaur, and her son, Lakhwinder Singh, residents of Malerkotla town, took the amount from him last year.
However, even after a year of taking the money, they could neither fulfill the promise of sending him abroad nor did they return back the money, he alleged.
After verifying the facts, the police conducted an inquiry into the allegations and prima facie found the woman and her son took the money from the complainant, after which a criminal case under Sections 420 and 406 of the Indian Penal Code was registered against them. However, they were yet to be arrested by the police.