NRI carriers bring gold into country legally

CHENNAI: Faced with curbs on gold imports and crash in international prices leaving it cheaper in other countries, gold houses and smugglers are turning to NRIs to bring in the yellow metal legally after paying duty. Any NRI, who has stayed abroad for more than six months, is allowed to bring in 1kg gold.

It was evident last week when almost every passenger on a flight from Dubai to Calicut was found carrying 1kg of gold, totalling up to 80kg (worth about Rs 24 crore). At Chennai airport, 13 passengers brought the legally permitted quantity of gold in the past one week.

"It's not illegal. But the 80kg gold that landed in Calicut surprised us. We soon got information that two smugglers in Dubai and their links in Calicut were behind this operation, offering free tickets to several passengers," said an official. The passengers were mostly Indian labourers in Dubai, used as carriers by people who were otherwise looking at illegal means, he said. "We have started tracing the origin and route of gold after intelligence pointed to the role of smugglers," he said.

Reports from Kerala said passengers from Dubai have brought more than 1,000kg of gold in the last three weeks. People who pay a duty of Rs 2.7 lakh per kg in Dubai still stand to gain at least Rs 75,000 per kg, owing to the price difference in the two countries. Gold dealers in Kerala say most of this gold goes to jewellery makers in Tamil Nadu and Andhra Pradesh.

Revenue intelligence sources said it was but natural for operators in the Gulf to take advantage of the situation and approach potential carriers. "There is always a steady stream of Indian labourers from the Gulf visiting Kerala, and they form an attractive target for these dealers. Since there is no risk involved, and some incentives thrown in, many of them are eager to carry someone else's gold," said an official.

The World Gold Council notes that India is the world's biggest gold consumer with a 20% share of global demand. Within the country, south Indian states account for 60% of gold sales. "Import duty on gold in India has increased from 2% to 15% between January 2012 and September 2013. Moreover, the Reserve Bank of India in June ruled out any credit transaction for imports, unless they were intended to make jewellery for export. This has reduced import of gold, forcing gold merchants to depend on smuggled gold," said the official.

These government measures to control the current account deficit did not reduce the demand for gold in the market. "RBI tried to discourage gold purchases because it doesn't have the utility of other commodities like oil or copper. It mostly sits there in lockers. But when the gold imports through proper channels have come down, merchants have started depending on illegal channels to meet the demand from consumers," he said.

Indian diplomat arrested in New York, later released

Deputy Consul General in New York, Devyani Khobragade, held for visa fraud; released on bail later

Devyani Khobragade

New York/New Delhi -An Indian diplomat was arrested in New York on Thursday on the charge that she allegedly used "false and fraudulent" documents to support the US visa application for an Indian woman she employed as a babysitter and housekeeper.

Devyani Khobragade, Deputy Consul General for political, economic, commercial and women's affairs at the Consulate General of India in New York, has been charged with one count of visa fraud and one count of making false statements, which carry maximum sentences of 10 years and five years in prison, respectively.

Khobragade was arrested as she was dropping her daughter to school in New York. She was released on Thursday evening on a $250,000 bond.

The Indian Embassy in Washington expressed its "strong concern" to the U.S. government over the arrest of Khobragade, said M. Sridharan, a spokesman for the embassy.

Khobragade's arrest was announced by Preet Bharara, the Punjab-born Indian-American US attorney for the Southern District of New York who has made a name for himself prosecuting white collar crime on Wall Street.

Bharara was instrumental in the successful prosecution of Rajat Gupta, the Indian-American former managing director of McKinsey and Co. and ex-board member at Goldman Sachs who has been found guilty of insider trading.

Diplomats in the US can apply for an A-3 visa for their domestic servants. Applicants must furnish evidence that their employee will be paid a wage comparable to that offered in the US. The A-3 visa application includes an employment contract signed by the employer and the employee which must state a description of duties, hours of work and the hourly wage.

Khobragade allegedly prepared an A-3 visa application for her employee -- identified by the Indian Embassy spokesman as Sangeeta Richard -- promising a wage of $4,500 per month. The employment contract stated that Khobragade would pay the prevailing or minimum wage, whichever is greater, resulting in an hourly salary of $9.75.

Khobragade knew that the employment contract she asked Richard to submit to the US Embassy in India for a visa contained fraudulent statements about the hourlywage to be offered and hours of work, according to the allegations in the criminal complaint unsealed in Manhattan federal court.

Khobragade and Richard had signed another contract in which they agreed to a salary of 30,000 rupees per month, which at the time was around $570 a month or $3.31 per hour. Khobragade allegedly instructed Richard to say she would work 40 hours a week and would be paid $9.75 an hour. Ms. Richard was paid even less than $3.31 per hour, according to the allegations.

Richard was employed by Khobragade in New York from November of 2012 until June of this year.

Action was apparently taken against hobragade on the basis of allegations made by Richard, said Mr. Sridharan, the spokesman for the Indian Embassy in Washington.

He said the Delhi High Court had issued an interim injunction in September to restrain Richard -- who has been "absconding" since June -- from instituting any actions or proceedings against Khobragade outside India on the terms or conditions of her employment.

"The US government had subsequently been requested to locate Richard and facilitate the service of an arrest warrant, issued by the Metropolitan Magistrate of the South District Court in New Delhi under Sections 387, 420 and 120B of the Indian Penal Code," Sridharan said.

"The US side have been urged to resolve the matter with due sensitivity, taking into account the existing court case in India that has already been brought to their attention by the Government of India, and the diplomatic status of the officer concerned," he added.

Bharara noted that foreign nationals brought to the US to serve as domestic workers are entitled to the same protections against exploitation as those afforded to US citizens.

"The false statements and fraud alleged to have occurred here were designed to circumvent those protections so that a visa would issue for a domestic worker who was promised far less than a fair wage. This type of fraud on the United States and exploitation of an individual will not be tolerated," said Bharara.

Khobragade, 39, is no stranger to controversy. She is the daughter of Uttam Khobragade, a former IAS officer. She received a flat in the controversial Adarsh Housing Society in Mumbai, which was intended for the families of Kargil War heroes. The flats were illegally allotted to top politicians, bureaucrats, senior Army officers and their families.

Khobragade, a former general manager of the Brihanmumbai Electric Supply and Transport (BEST) undertaking, had helped the Adarsh Society secure additional building rights from the adjacent BEST bus depot. This allowed builders to raise the building from the original 6 floors to 31 floors.

Khobragade was investigated for not disclosing the fact that his daughter already owned a flat under government's quota. Under the Maharashtra Government's rules, an official applying for a flat under a government quota must provide a signed affidavit stating that he or she does not own any other flat.

India summons US envoy Nancy Powell over arrest of diplomat in New York

Deploring the arrest of deputy consul general in New York, foreign secretary Sujatha Singh on Friday summoned US ambassador Nancy Powell to convey India's "shock" over "absolutely unacceptable" treatment meted out to the senior Indian diplomat.

Reacting strongly to deputy consul general Devyani Khobragade being arrested and handcuffed in public on visa fraud charges, the foreign secretary summoned Powell to South Block to lodge strong protest and convey India's displeasure over the arrest of its diplomat.

According to sources, Singh told Powell that the treatment meted out to the senior diplomat was "totally unacceptable" and she was entitled to the courtesies under various multilateral conventions dealing with diplomatic fraternity posted in foreign countries.

In a major diplomatic embarrassment, Khobragade, 39, was taken into custody on a street in New York as she was dropping her daughter to school at 9am yesterday and handcuffed in public on visa fraud charges before being released on a $250,000 bond after pleading not guilty in court.

"We are shocked and appalled at the manner in which she has been humiliated by the US authorities. We have taken it up forcefully with the US government through our embassy in Washington. We are also reiterating, in no uncertain terms, to US embassy here that this kind of treatment to one of our diplomats is absolutely unacceptable," spokesperson in the ministry of external affairs Syed Akabaruddin said here.

He also said the ministry was working to resolve this matter at the earliest and if there were issues of legal nature they will be resolved separately, however, this sort of behaviour was "totally unacceptable".

"Nothing entails the humiliation of a young woman with two small children publicly. A person who has been a diplomat sent there to represent her country. We will take issue of legal nature separately but there is no justification or acceptability of what has happened to the young diplomat who had gone to drop her children in a school," he said.

This is the third case involving a senior official of the New York Indian Consulate in three years.

In June 2011, a former housekeeper had sued India's then consul general in New York Prabhu Dayal accusing him of intimidating her into a year of forced labour.

In February 2012, Indian maid Shanti Gurung won a case against Neena Malhotra, who served as a press and culture counselor at the New York consulate from 2006-2009.

Maid trouble in Manhattan 

* Devyani Khobragade (pic) is accused of making false statements in a visa application for an Indian national employed as a housekeeper at her home in New York.
* Diplomats in the US can apply for an A-3 visa for their domestic servants. Khobragade prepared an A-3 visa application for her housekeeper and promised that she would be paid $ 4,500 a month.
* An employment contract between the two parties said the diplomat would pay her the prevailing or minimum wage, whichever is greater, resulting in an hourly salary of $ 9.75.
* Prior to signing the contract, it was agreed between Khobragade and her housekeepr that she would be paid Rs 30,000 a month. At 40 hours a week, it was equivalent to $ 573.07 a month or & 3.31 an hour.
* Khobragade, however, allegedly instructed the housekeeper to say that she would be paid $ 9.75 an hour

* The housekeeper worked for Khobragade from Nov 2012 to June 2013. She worked far more than 40 hours a week and was paid less than $ 9.75 an hour, the complaint alleges.

Punjab and Haryana High Court sets norms for photocopies as evidence

Chandigarh, December 12
In a first, the Punjab and Haryana High Court has laid down the principles on admissibility of photocopies as secondary evidence in court cases. The principles are to be followed by the courts while admitting a photostat copy as secondary evidence and assessing its probative value.

Justice Paramjeet Singh has, in fact, elaborated on the circumstances under which photostat copies of original documents can be tendered in evidence; and whether the photostat copies of documents are covered within the meaning and definition of secondary evidence contained in Section 63 of the Indian Evidence Act, 1872.

Justice Paramjeet Singh has asserted that the photostat copy of a document can be allowed to be produced only in absence of original document. When a party seeks to produce photostat copy, it has to lay the foundational facts by proving that original document existed and is lost. Or else, it has to prove that the original document is in possession of opposite party, who failed to produce it.

Taking up the petition filed by Surinder Kaur against Mehal Singh and other respondents in a case hovering around a will, Justice Paramjeet Singh also clarified that mere assertion of a party is not sufficient to prove the foundational facts. The objections as to non-existence of such circumstances or non-existence of foundational facts must be taken at earliest by the opposite party after the photostat copy is tendered in evidence.

When the opposite party raises an objection, the authenticity of photostat copy has to be determined, as every copy made from a mechanical process may not be accurate. “Allowing production of photostat copy in evidence does not amount to its proof. Its probative value has to be proved and assessed independently. It has to be shown that it was made from original at particular place and time,” Justice Paramjeet Singh asserted.

The accuracy of photostat copy shall be established on oath to the satisfaction of court.

Gay sex illegal, rules Supreme Court

Says Section 377 constitutionally valid; Parliament free to drop it; triggers outrage

What the SC said  Section 377 constitutional; gay, lesbian sex is a criminal offence  Parliament free to drop Section 377  Homosexuals account for miniscule fraction of population HC verdict set aside The Delhi HC had, on July 2, 2009, de-criminalised such acts by reading down Section 377.  It ruled that criminalising consensual sexual acts of adults in private was against Articles 21, 14 and 15 which guaranteed fundamental rights to personal liberty, equality and non-discrimination to the people.  The SC said the High Court had relied on overseas verdicts which can't be applied to Indian laws

New Delhi, December 11
The Supreme Court today restored the Constitutional validity of Section 377 of the IPC, under which homosexual acts are a criminal offence punishable with life term, noting that Parliament had chosen to retain it despite amending the IPC as many as 30 times since 1950.

The Delhi High Court had, on July 2, 2009, de-criminalised such acts by reading down Section 377 and ruling that criminalising consensual sexual acts of adults in private was against Articles 21, 14 and 15 which guaranteed fundamental rights to personal liberty, equality and non-discrimination to the people.

An apex court Bench comprising Justices GS Singhvi, who retired today, and SJ Mukhopadhaya set aside the HC verdict, pointing out that the HC had gone by several judgments of other countries in its anxiety to protect the so-called rights of LGBT (lesbian, gay, bi-sexual and transgender) persons and to declare that Section 377 violated the right to privacy, autonomy and dignity.

"Though these judgments shed considerable light on various aspects of this right and are informative in relation to the plight of sexual minorities, we feel that they cannot be applied blindfolded for deciding the constitutionality of the law enacted by the Indian legislature," the SC ruled. The judiciary should exercise "self-restraint" while striking down any legal provision and its analysis of any law "must be guided by the presumption of constitutionality," it explained.

Section 377 had come up for debate repeatedly and the Law Commission in its 172nd report had recommended its deletion.

Laws relating to sexual offences were amended only this year in the wake of the December 2012 Delhi gang rape case but Parliament "has chosen not to amend the (377) law or revisit. This shows that Parliament, which is undisputedly the representative body of the people of India has not thought it proper to delete the provision," the SC explained.

Indian cab driver jailed for six years in Australia for rape

Melbourne:  A 30-year-old Indian taxi driver has been sentenced to six years in prison in Australia for raping a drunk and vulnerable teenage schoolgirl who he had been asked to drop home.

County Court judge Wendy Wilmoth said Nitin Rana, who was found guilty by a jury of three counts of rape, had taken advantage of the 17-year-old girl when she was in such an intoxicated state that she could not sit up straight in the taxi or even fasten her seatbelt.

Rana was jailed for six years with a non-parole period of four years and the Judge ordered him to be placed on the sex offenders register for 15 years, according to a media report.

Rana was given 50 dollars by a group of good Samaritans to take the girl home.

"The public is entitled to expect to be safe in taxis; parents should be able to trust that their teenage children will be safe in taxis," Wilmoth told Rana.

"This girl's safety was entrusted to you when the people who helped her gave you the money for her fare, to take her safely home.

"Instead you violated that trust when you raped her."

"The victim was a child, and at the time she was struggling with personal issues and had consumed a large amount of both medication and alcohol," the judge said.

"She was very drunk, and this could be seen from her condition and behaviour before and at the time of getting into your taxi.

"It is clear from the verdict that the jury accepted that you knew what her condition was," Wilmoth said.

The teenager had been drinking vodka at a friend's house before sharing a taxi with a male friend to a railway station in Melbourne's east at about 1 am on November 4 last year.

While her friend continued home in the taxi after dropping her at the station, the victim got stranded as she had no money and no way of getting home as trains had stopped running for the night.

She also accepted two valium tablets from a couple who she came across and she described as junkies.

While she was trying to walk  down the street, a married couple and two friends who were attending a birthday party dinner saw her fall over and tried to help to reach home.

The group tried to help the teenager and even called the emergency number.

Rana who drove past during that time in his taxi was then given 50 Australian dollars to take the teenager to her place. Rana drove off and then raped the teenager before dropping her home.

The teenager told her mother the next day that she had been sexually assaulted.

Wilmoth noted that Rana hailed from well regarded middle-class family in Hyderabad and had completed a commerce degree before working for several multinational companies in India.

He had migrated to Australia in 2008 where he completed a diploma course in hospitality and management.

He was driving a taxi to support himself and to save money to return to India.

The judge said she had received letters from Rana's family and two friends expressing their faith in him as "a good person, well brought up, and respectful of women".

Wilmoth said, "The charges are very serious indeed, and in this case there are some aggravating features." 

Punjab Government refuses 5-star facility to HC judges in Amritsar

Chandigarh, November 20
The Punjab Government has refused to concede to the demand of the Punjab and Haryana High Court for the construction of an “exclusive five-star guest house” for judges in Amritsar.

The government has instead offered to reserve a separate floor in the proposed multi-storey guest house for judges.

A committee of High Court judges had asked the state government to construct an exclusive guest house for them on a piece of land near Kachehri chowk in Amritsar, where the old sessions court stood. The old sessions court building is now being demolished as the new judicial complex has become functional.

The guest house was required since the city was frequented by judges of the Punjab and Haryana High Court as well as other High Courts to pay obeisance at the Golden Temple, the committee had said. An exclusive guest house would have ensured minimum inconvenience to the judges in case other government guest houses, such as the Circuit House, were fully occupied, it had contended. But the land on which the old building of the sessions court stood is now worth hundreds of crores of rupees.

The state government proposes to set up a multi-storey guest house there in public-private partnership to be managed by a hotel chain. The government proposes to build this facility for all visiting dignitaries and not exclusively for any particular section of VIPs.

“We have now informed the High Court that instead of constructing an exclusive guest house for judges, a set of 10-12 rooms in the proposed multi-storey complex will be reserved exclusively for judges,” said a senior official in the Punjab government. The government has also reiterated that some rooms in the Circuit House in Amritsar will always be reserved for the judges.

Government offers an alternative A committee of HC judges had sought an exclusive guest house for them on a piece of land in Amristar where the old sessions court stood It contended that the facility was required as the city was frequented by judges to pay obeisance at the Golden Temple But the government proposes to set up a multi-storey guest house on the land as it is now worth hundreds of crores of rupees It has offered to reserve a separate floor in the proposed guest house for judges

Mistaken Identity Case: Punjab police deletes name of NRI from 'Non Hardcore Terrorists’ list'

Chandigarh, 14th November, 2013 (NLGC): The Punjab Police today informed the Punjab and Haryana High Court that they had deleted the name of US settled NRI Shingara Singh, a native of village Jassomajra in Shaheed Bhagat Singh Nagar district,  from the list of 'Non-Hardcore Terrorists'  from the list of ‘Non-Hardcore Terrorists’.

Shingara Singh had submitted that his name has been included in the list of ‘Non-hard-core Terrorists’ maintained at police station Behiram in district Shaheed Bhagat Singh Nagar.

He informed the court that as per the information received under the RTI Act, SHO, police station Behiram has informed that no criminal case is pending against him but his name figures in the list of ‘Non-hard-core Terrorists’.

The petitioner had submitted that on account of similarity of his name with another Shingara Singh of Kapurthala district, who is a proclaimed offender, having a number of criminal cases pending against him, he is interrogated and harassed by Punjab police whenever he visits Punjab.

Time Line of the Case:

On September 7,2013 in a reply to the Shingara Singh's petition, DSP, Banga (District S.B.S. Nagar) filed affidavit making startling revelation before Punjab and Haryana Highcourt that  “Whosoever went abroad during the period of terrorism  in Punjab, his name was mentioned in the list of Hard-core Terrorists”. During the resumed hearing on Thursday, of a Criminal Petition filed by one Shingara Singh of Village Jasso Mazara, District S.B.S. Nagar (now NRI residing in USA) seeking direction to the Punjab Police to delete his name from the list of “Non-hardcore terrorists” maintained in the Police records of Police Station, Behram (District S.B.S. Nagar), inter-alia, on the grounds that he was never involved in any criminal case during his entire life, Shri Bhagwant Singh, DSP, Banga filed an affidavit  in the HC, candidly admitting that “during the period of terrorism, the persons who went abroad, as per report of Crime Branch, CID Security and Secret information, their names were mentioned in the “list of Hardcore terrorists”. DSP, in his affidavit, however, admitted that there is no record available with the Police showing involvement of the petitioner in the terrorist activities. Police has no objection if  his name is ordered to be deleted from the list of non-hardcore terrorists.  Taking serious exception to the aforesaid contents of the affidavit of DSP, Banga, Hon’ble Justice Ram Chander Gutpa , orally expressed his shock and dismay over the aforesaid statement by DSP, Banga, and also the conduct of the Police in itself not deleting the name of the petitioner from the list of non-hardcore terrorists, and instead    leaving  it to the HC to  order deletion of his name from the said list.

ਪਹਿਲੀ ਪਤਨੀ ਨੂੰ ਤਲਾਕ ਦਿੱਤੇ ਬਗੈਰ ਕਰਵਾਇਆ ਦੂਜਾ ਵਿਆਹ, ਧੋਖਾਦੇਹੀ ਦਾ ਮਾਮਲਾ ਦਰਜ

ਮੋਗਾ - ਮੋਗਾ ਜ਼ਿਲੇ ਦੇ ਪਿੰਡ ਧੱਲੇਕੇ ਨਿਵਾਸੀ ਮਨਪ੍ਰੀਤ ਕੌਰ ਨੇ ਆਪਣੇ ਪਤੀ ਨਛੱਤਰ ਸਿੰਘ ਤੇ ਆਪਣੀ ਪਹਿਲੀ ਪਤਨੀ ਨੂੰ ਤਲਾਕ ਦਿੱਤੇ ਬਗੈਰ ਉਸਦੇ ਨਾਲ ਦੂਜਾ ਵਿਆਹ ਕਰਵਾ ਕੇ ਉਸਦੇ ਨਾਲ ਧੋਖਾਦੇਹੀ ਕੀਤੇ ਜਾਣ ਦਾ ਦੋਸ਼ ਲਗਾਇਆ ਹੈ। ਇਸ ਸਬੰਧ ਵਿਚ ਥਾਣਾ ਸਦਰ ਮੋਗਾ ਵਲੋਂ ਜਾਂਚ ਦੇ ਬਾਅਦ ਮਨਪ੍ਰੀਤ ਕੌਰ ਪੁੱਤਰੀ ਬਲਦੇਵ ਸਿੰਘ ਨਿਵਾਸੀ ਧੱਲੇਕੇ ਦੀ ਸਿਕਾਇਤ ਤੇ ਨਛੱਤਰ ਸਿੰਘ ਪੁੱਤਰ ਭਰਪੂਰ ਸਿੰਘ ਨਿਵਾਸੀ ਪਿੰਡ ਲੂੰਡੇਵਾਲਾ (ਕੋਟ ਭਾਈ) ਮੁਕਤਸਰ ਦੇ ਵਿਰੁੱਧ ਧੋਖਾਦੇਹੀ ਦਾ ਮਾਮਲਾ ਦਰਜ ਕੀਤਾ ਗਿਆ ਹੈ। ਇਸ ਮਾਮਲੇ ਦੀ ਜਾਂਚ ਸਹਾਇਕ ਥਾਣੇਦਾਰ ਅਮਰਜੀਤ ਸਿੰਘ ਵਲੋਂ ਕੀਤੀ ਜਾ ਰਹੀ ਹੈ। ਪੁਲਸ ਸੂਤਰਾਂ ਤੋਂ ਮਿਲੀ ਜਾਣਕਾਰੀ ਦੇ ਅਨੁਸਾਰ ਜ਼ਿਲਾ ਪੁਲਸ ਮੁਖੀ ਮੋਗਾ ਨੂੰ ਦਿੱਤੇ ਸ਼ਿਕਾਇਤ ਪੱਤਰ ਵਿਚ ਮਨਪ੍ਰੀਤ ਕੌਰ ਨੇ ਕਿਹਾ ਕਿ ਅਖ਼ਬਾਰ ਵਿਚ ਛਪੇ ਇਸ਼ਤਿਹਾਰ ਦੇ ਅਧਾਰ ਤੇ ਉਨ੍ਹਾਂ ਨਛੱਤਰ ਸਿੰਘ ਨਾਲ ਸੰਪਰਕ ਕੀਤਾ ਜਿਸ ਤੇ ਨਛੱਤਰ ਸਿੰਘ ਨੇ ਸਾਨੂੰ ਦੱਸਿਆ ਕਿ ਉਸਦੀ ਪਹਿਲੀ ਸ਼ਾਦੀ ਕੁਲਦੀਪ ਕੌਰ ਪੁੱਤਰੀ ਜਸਵੰਤ ਸਿੰਘ ਨਿਵਾਸੀ ਬਸਤੀ ਸੁਰਾਗਪੁਰੀ ਮੁਕਤਸਰ ਦੇ ਨਾਲ ਹੋਈ ਸੀ ਅਤੇ ਉਸਦਾ ਆਪਣੀ ਪਤਨੀ ਦੇ ਨਾਲ ਅਦਾਲਤ ਵਿਚ ਤਲਾਕ ਹੋ ਚੁੱਕਾ ਹੈ ਅਤੇ ਉਸਦਾ ਕੋਈ ਬੱਚਾ ਵੀ ਨਹੀਂ ਹੈ ਜਿਸ ਤੇ ਅਸੀਂ ਉਸਦੀ ਗੱਲਾਂ ਤੇ ਯਕੀਨ ਕਰ ਲਿਆ। ਮਨਪ੍ਰੀਤ ਕੌਰ ਨੇ ਕਿਹਾ ਕਿ ਉਸਦੀ ਸ਼ਾਦੀ 6 ਫਰਵਰੀ 2013 ਨੂੰ ਕਥਿਤ ਦੋਸ਼ੀ ਨਛੱਤਰ ਸਿੰਘ ਦੇ ਨਾਲ ਧਾਰਮਿਕ ਰੀਤੀਰਿਵਾਜਾਂ ਦੇ ਅਨੁਸਾਰ ਹੋਈ ਸੀ। ਹੁਣ ਸਾਨੂੰ ਪਤਾ ਲੱਗਾ ਹੈ ਕਿ ਮੇਰੇ ਪਤੀ ਨਛੱਤਰ ਸਿੰਘ ਦਾ ਆਪਣੀ ਪਤਨੀ ਦੇ ਨਾਲ ਅਦਾਲਤ ਵਿਚ ਕੋਈ ਤਲਾਕ ਨਹੀਂ ਹੋਇਆ ਅਤੇ ਉਸਦੇ ਬੱਚੇ ਵੀ ਹਨ। ਇਸ ਤਰ੍ਹਾਂ ਉਸਨੇ ਸਾਨੂੰ ਧੋਖੇ ਵਿਚ ਰੱਖ ਕੇ ਮੇਰੇ ਨਾਲ ਵਿਆਹ ਕਰਵਾਇਆ ਅਤੇ ਬੱਚਿਆਂ ਦੇ ਬਾਰੇ ਵਿਚ ਵੀ ਨਹੀਂ ਦੱਸਿਆ। ਇਸ ਤਰ੍ਹਾਂ ਉਸਨੇ ਸਾਡੇ ਨਾਲ ਧੋਖਾ ਕੀਤਾ ਹੈ। ਜ਼ਿਲਾ ਪੁਲਸ ਮੁਖੀ ਨੇ ਉਕਤ ਮਾਮਲੇ ਦੀ ਜਾਂਚ ਵੁਮੈਨ ਸੈੱਲ ਮੋਗਾ ਦੀ ਮੁਖੀ ਇੰਸਪੈਕਟਰ ਕਸ਼ਮੀਰ ਕੌਰ ਨੂੰ ਇਸ ਮਾਮਲੇ ਦੀ ਜਾਂਚ ਕਰਨ ਦਾ ਆਦੇਸ਼ ਦਿੱਤਾ। ਜਾਂਚ ਸਮੇਂ ਸ਼ਿਕਾਇਤ ਕਰਤਾ ਮਨਪ੍ਰੀਤ ਕੌਰ ਦੇ ਦੋਸ਼ ਸਹੀ ਪਾਏ ਜਾਣ ਦੇ ਬਾਅਦ ਜਾਂਚ ਅਧਿਕਾਰੀ ਵਲੋਂ ਜਾਂਚ ਰਿਪੋਰਟ ਜ਼ਿਲਾ ਪੁਲਸ ਮੁਖੀ ਮੋਗਾ ਨੂੰ ਸੌਂਪ ਦਿੱਤੀ ਜਿੰਨਾਂ ਦੇ ਆਦੇਸ਼ ਤੇ ਕਥਿਤ ਦੋਸ਼ੀ ਨਛੱਤਰ ਸਿੰਘ ਦੇ ਵਿਰੁੱਧ ਧੋਖਾਦੇਹੀ ਦਾ ਮਾਮਲਾ ਦਰਜ ਕੀਤਾ ਗਿਆ ਹੈ। ਇਸ ਮਾਮਲੇ ਦੀ ਜਾਂਚ ਸਹਾਇਕ ਥਾਣੇਦਾਰ ਅਮਰਜੀਤ ਸਿੰਘ ਵਲੋਂ ਕੀਤੀ ਜਾ ਰਹੀ ਹੈ। ਉਨ੍ਹਾਂ ਦੱਸਿਆ ਕਿ ਕਥਿਤ ਦੋਸ਼ੀ ਦੀ ਗ੍ਰਿਫਤਾਰੀ ਬਾਕੀ ਹੈ।

Indian-origin former Canadian MP begins campaign in Punjab against fraud marriages

New Delhi:  Indian-origin former Canadian parliamentarian Ruby Dhalla has kick-started a campaign to help women victims of fraud marriages in Punjab.

The campaign is being spearheaded by 'Dreams for You', an NGO, which focuses on helping, supporting and empowering women who have been "victimised, impacted and affected with the growing phenomena of fraud marriages".

Dhalla has also brought out a fashion label "Ruby Red", comprising gowns, kurtas, dresses and kaftans, whose sale proceeds would be channeled towards the charity.

Dhalla, who is the first Sikh Parliamentarian in Canada, says she used to deal with a lot of cases from the Indian community there concerning fraud marriages and during a visit to India had met an "unexpectedly huge" number of people who turned up to meet her.

"I have been working on this issue for many years in Canada. I remember in 2004 a lot of women from ethnic communities and the Indian community began coming to me with such issues. When I came to Punjab in 2009, I asked them to organise a function to meet these women. I thought only about 15 to 20 women would show up and we would discuss the issue. To my shock I remember walking into the event with hundreds of women lined up outside and other thousands inside that little community centre. They were in tears and pleading with me to help them," Dhalla said during her recent visit in New Delhi.

The former member of the Canadian House of Commons said it was about that time when she decided to help the women.

"These women have so little. They are neither here nor there. They are not divorced, they are not married. They are just living in a sense of abandonment. And it is difficult for these women to live with their in-laws or even at their parents' home," Dhalla said.

Through her NGO, Dhalla says she wants to raise awareness about issues like registration of marriages, development of an NRI wing, imparting skill training and proving legal assistance to those affected.

"Besides raising awareness on the issue, one of the elements that I advocate for is the need to develop an NRI wing where issues like this would go to and where people can come forward and there is a sense of collectivity," she said.

What are Human Rights?

Chandigarh, (NRILG) - Originally, people had rights only because of their membership in a group, such as a family. Then, in 539 B.C., Cyrus the Great, after conquering the city of Babylon, did something totally unexpected he freed all slaves to return home. Moreover, he declared people should choose their own religion. The Cyrus Cylinder, a clay table containing his statements, is the first human rights declaration in history. The idea of human rights spread quickly to India, Greece and eventually Rome. In India - the Fundamental Rights are not Human Rights.

The most important advances in the development of Human Rights since then have included:

1215: The Magna Carta — gave people new rights and made the king subject to the law.

1628: The Petition of Right — set out the rights of the people.

1628: The Petition of Right — set out the rights of the people.

1776: The United States Declaration of Independence — proclaimed the right to life, liberty and the pursuit of happiness.

1789: The Declaration of the Rights of Man and of the Citizen — adocument of France, stating that all citizens are equal under the law.

1948: The Universal Declaration of Human Rights —the first document listing the 30 rights to which everyone is entitled.They are

We Are All Born Free and Equal
Don’t Discriminate
The Right to Life
No Slavery
No Torture
You Have Rights No Matter Where You Go
We’re All Equal before the Law
Your Human Rights Are Protected by Law
No Unfair Detainment
The Right to Trial
We’re Always Innocent Till Proven Guilty
The Right to Privacy
Freedom to Move
The Right to Seek a Safe Place to Live
Right to a Nationality
Marriage and Family
The Right to Your Own Things
Freedom of Thought
Freedom of Expression

HUMAN RIGHTS  VIOLATIONS

Human rights advocates agree that, sixty years after its issue, the Universal Declaration of Human Rights is still more a dream than reality. Violations exist in every part of the world. For example, Amnesty International’s 2009 World Report and other sources show that individuals are:

• Tortured or abused in at least 81 countries
• Face unfair trials in at least 54 countries
• Restricted in their freedom of expression in at least 77 countries

Not only that, but women and children in particular are marginalized in numerous ways, the press is not free in many countries, and dissenters are silenced, too often permanently. While some gains have been made over the course of the last six decades, human rights violations still plague the world today.

To help inform you of the true situation throughout the world, this section provides examples of violations of six Articles of the Universal Declaration of Human Rights (UDHR):-

ARTICLE 3 — THE RIGHT TO LIVE FREE

“Everyone has the right to life, liberty and security of person.”

An estimated 6,500 people were killed in 2007 in armed conflict in Afghanistan—nearly half being noncombatant civilian deaths at the hands of insurgents. Hundreds of civilians were also killed in suicide attacks by armed groups.

In Brazil in 2007, according to official figures, police killed at least 1,260 individuals—the highest total to date. All incidents were officially labeled “acts of resistance” and received little or no investigation.

In Uganda, 1,500 people die each week in the internally displaced person camps. According to the World Health Organization, 500,000 have died in these camps.

Vietnamese authorities forced at least 75,000 drug addicts and prostitutes into 71 overpopulated “rehab” camps, labeling the detainees at “high risk” of contracting HIV/AIDS but providing no treatment.

What are Human Rights in India?

Though UN had declared 30 Articles as Human Rights, due to the Supremacy of the Indian Constitution, the Indian Government had enacted the Protection of Human Rights Act in 1993. According to the aforesaid act the Human Rights in India is the Rights related to the life, liberty, equality and dignity guaranteed under the Indian Constitution + 30 articles of UN enforceable in the courts of India.Human Rights can be enforced only against the matters under the Schedule 7- List II and III of the Indian Constitution. Hence, the Fundamental Rights in India are different from Human Rights.

More than 1,500 Canadians detained abroad in foreign prisons

                                        John Greyson, right, and Tarek Loubani 

MONTREAL - For nearly two months all eyes were turned to John Greyson and Tarek Loubani, the Canadian activists held in an Egyptian prison before being allowed to return to Canada.

Two other detained Canadians, Greenpeace activists Alexandre Paul and Paul Ruzycki, have also been in the headlines as they remain held in a Russian prison and could face a lengthy prison sentence on piracy charges.

But there are other Canadians detained abroad who don't have such a network of supporters, and fail to capture similar public attention.

Overall, 1,590 Canadians are in prison outside the country, according to figures provided by Canada's Foreign Affairs department, accurate to Oct. 10.

The bulk of them — 1,097 — are behind bars in the United States. The rest are in prisons in more than 85 other countries.

Foreign Affairs wouldn't provide a breakdown on the circumstances or duration of detention, nor how many cases the government is actively contesting.

But human-rights groups continue to monitor a number of cases where they believe Canadians are being wrongly detained or have been the victim of human-rights violations.

Often, it can take years to bring a Canadian back home.

Earlier this month, Hamid Ghassemi-Shall was finally able to return to Canada after 64 months in an Iranian prison, including a year in solitary confinement.

Ghassemi-Shall emigrated to Toronto, where he working as a shoe salesman, following Iran’s 1979 revolution. He was arrested on espionage charges while visiting his ailing mother in 2008, and faced the death penalty.

International pressure, including a stream of letters from supporters to the Iranian government, may have been a factor in helping to keep him alive, according to Amnesty International Canada.

Each case "has a delicate strategy depending on the circumstances of the case," said John Tackaberry, a spokesman for the human rights group.

That can mean a public-relations blitz or, alternatively, working quietly behind the scenes.

Most cases don't get nearly as much attention as Greyson and Loubani did, Tackaberry said.

Foreign Affairs Minister John Baird took an active role in the weeks leading up to their release, saying at one point that "Canadians have got to know that their government at the highest levels is doing absolutely everything it can."

"They had a very well-orchestrated social media campaign and a petition with 150,000 signatures," Tackaberry said. Similar cases, meanwhile, can sometimes fail to resonate with the public, he said.

"It has been difficult, in terms of raising public awareness of the issue, getting some coverage of the issues, putting some pressure on behind the scenes, or encouraging the government to get involved."

Foreign Affairs spokeswoman Claude Rochon said the federal government tries, in every case, to ensure Canadians receive fair treatment under the local criminal-justice system.

But she stressed that the government cannot "seek preferential treatment for you or try to exempt you from the due process of local law."

Often, there's not much more the federal government can offer in terms of assistance, according to one former Canadian diplomat.

"All the Canadian government can do is ensure that the person in prison gets fair treatment under the laws of the country where they are," said Eric Morse, now with the Royal Canadian Military Institute.

"Anything else is strictly informal."

Many of the arrests involve drug-related charges, Morse said, and the arrested are often in shock at the situation they find themselves in.

In an effort to dissuade others, the federal government has a collection of wrenching testimonials on its travel-advisory website from Canadians caught trying to smuggle drugs overseas.

Horror stories abound.

One man, who was sentenced to 15 years in a Cuban jail for importing marijuana, says the water was "milky colour and it made me really ill."

A woman who spent a year in a Jamaican prison for trafficking heroin described living in cramped quarters without running water where, as a foreigner, "inmates were constantly trying to pick fights with me."

In cases where Canadians are thought to be unfairly detained, the situation can be made much more difficult when Canada no longer has a diplomatic presence in the country, as in the case of Iran.

Other times, detaining a foreign national can be used to make a broader point at home. Morse suspects that's the case in Russia, where the Greenpeace activists remain behind bars.

Canadians, Greenpeace activists Alexandre Paul and Paul Ruzycki, have also been in the headlines as they remain held in a Russian prison and could face a lengthy prison sentence on piracy charges.

In a letter released by Greenpeace this week, Paul described the loneliness of being held in a cold cell with another inmate who doesn't speak any English.

Several of the 30 people arrested, including the captain, have already been denied bail.

Alberta, Sask. to reap biggest increases in workers’ pay next year

EDMONTON – A report from the Conference Board of Canada suggests it’s better to be a rig pig on the Prairies than a health-care worker in Ontario from a labour perspective.

The board’s forecast released Tuesday says workers in Alberta and Saskatchewan will fare the best in wage increases next year largely due to a shortage of qualified employees in the energy sector.

“The divide between East and West persists. Frenzied resource development and near-bottom unemployment rates mean that Alberta and Saskatchewan are again expecting to offer the highest pay increases next year,” said Ian Cullwick, vice-president of leadership and human resources research.

The report projects average increases of 3.7 per cent in Alberta and Saskatchewan. The lowest average increases are expected in the Atlantic provinces at 2.5 per cent and Ontario at 2.6 per cent.

The Canadian average for non-unionized workers is anticipated at 2.9 per cent in 2014.

The information is based on the responses of 411 employers across the country to a survey conducted between June and August.

The key is the availability of qualified workers in each region, said Cullwick. The findings also reflect that the industry with the highest average increases is predicted to be the oil and gas sector at 4.1 per cent. The health sector is forecast to have the lowest average increases at 1.8 per cent.

“Oil and gas lead the pack,” said Cullwick. “On the flip side, just to put some contrast to this, health care … is a tough industry sector. There’s a lot of restructuring going on across the country and the economics are indeed challenged.

“The cost of health care has gone up. If you look at health care authorities, I would argue they’re putting the money into patient care, equipment and facilities and they just don’t have much left over (for salaries).”

Cullwick said overall Canada’s economy is in relatively good shape, but growth has been sluggish and organizations will be looking at ways of keeping costs down.

Glen Hodgson, chief economist at the conference board, blames a drop in economic growth in Canada this year on the fiscal debt crisis and government shutdown in Washington, D.C.

Canada is affected by what he calls the “fiscal follies” south of the border, but he does expect the economy to rebound to about 2.4 per cent growth in 2014.

Hodgson said once again Alberta and Saskatchewan should lead the way with a growth rate of three per cent.

“The unemployment rate in both provinces is at 4.7 per cent and that is below full employment. You’re getting really tight labour markets and that leads to the wage pressure,” he said.

“That’s going to be an ongoing trend and you’re going to see tight labour markets on an ongoing basis.”

Big U.S. tax changes for Canadian snowbirds

NRI Law Group Canada: Big U.S. tax changes for Canadian snowbirds: What Snowbirds need to know about U.S. taxes Edmonton - According to Wikipedia   A  snowbird  is someone from the  U.S. Northeast ,  U...

Big U.S. tax changes for Canadian snowbirds

What Snowbirds need to know about U.S. taxes

Edmonton - According to Wikipedia  A snowbird is someone from the U.S. Northeast, U.S. Midwest, Pacific Northwest, or Canada who spends a large portion of winter in warmer locales such as California, Arizona, Florida, Texas,the Carolinas, or elsewhere along the Sun Belt region of the southern and southwest United States, Mexico, and areas of the Caribbean.

With the weather getting colder, now’s the time for Canadian snowbirds to start preparing to head south of the border for the winter. They need to bring with them a keen awareness of all the potential tax hits they might face.

For starters, proposed legislation in the U.S. could have serious tax consequences for Canadian visitors. Under the current rules, those who spend more than 182 days out of 365 days in the calendar year, or more than 120 days per year on average over a three-year period, may be considered a U.S. resident for tax purposes.

The new JOLT Act, (Jobs Originated through Launching Travel), would allow Canadian retirees to spend up to 240 days each year in the U.S. without a visa. But snowbirds who spend that long in the U.S. may be required to pay U.S. income and estate taxes.

To avoid U.S. taxation, IRS form 8840 (Closer Connection Exemption Statement for Aliens) needs to be filed annually with the U.S. Internal Revenue Service. Not filing it could result in a US$10,000 fine.

There are several other possible tax implications.

Those with a bank account in the U.S. need to know that interest earned on deposits could be subject to taxation. They should complete IRS form W8-BEN (Certificate of Foreign Status) with the U.S. financial institution to avoid possibly having 30 per cent of any interest earned withheld and sent to the IRS.

Tax considerations come into play if you own property in the States, too. If you sell, a withholding tax of 10 per cent of the gross sales price is normally payable under the Foreign Investment in Real Property Tax Act.

A government regulation stipulates that, if you own an American property when you die and your worldwide assets are worth more than US$2million, that property is subject to a 45-per cent estate tax.

“It is entirely possible they [the U.S. government] will also charge beneficiaries of the property a gifting fee,” Laing says. “So owing a U.S. property technically can expose your entire worldwide estate to the U.S. government. That’s shocking to most people.”

One solution to U.S. estate tax is to hold real estate in a Canadian corporation rather than personally, according to the American Chamber of Commerce in Canada (AmCham). Because shares of a Canadian corporation are not considered property within the U.S, no U.S. estate tax will apply.

Another way to reduce exposure to the U.S. estate tax is split interest ownership of the property. According to AmCham, an individual would acquire a life interest in American property under such an arrangement, and his or her children would acquire the remainder interest in the property. Upon the death of the individual, there would be no estate tax on the life interest.

You need to be careful if you want to gift your property to a Canadian relative, says Douglas Gray, president of Canadian Enterprise Development Group Inc. and author of the Canadian Snowbird Guide Everything You Need to Know about Living Part-Time in the USA and Mexico.

“Gifting to Canadian relative is very complex in terms of strategy,” Gray says. “You want to be aware of Canadian and U.S. [tax] impacts so you don’t get a multiple hit.

If you own a place and plan on renting it out, that comes with a big tax hit as well.

“You either need to forgo an immediate 30 per cent withholding tax on all gross revenue and/or you have to have U.S. social security number and file a U.S. tax return,” says Jolene Laing, associate director of global wealth management at ScotiaMcLeod in White Rock, B.C. “That’s one step most people don’t think about.”

Furthermore, in some states—particularly hot ones that Canadians snowbird to—property taxes are significantly higher for those who aren’t permanent residents.

What it all comes down to is knowing the facts to avoid getting fleeced.

“A lot of Canadians who are savvy get tax advice from a U.S. lawyer and a U.S. financial planner, people who are experts in cross-border taxes,” Gray says. “If you don’t structure things properly, you could end up having to pay tax in both countries. There are U.S. and Canadian federal taxes and state taxes. Everything is in the fine print.”

From more info visit: http://www.snowbirds.org/home