How to protect your land from illegal possession suggests B.S.Ghuman, NRI Lawyer

Invest in farm land the legal way & profit from it

Investment on a piece of land is a safe bet as it assures huge return on investment. But how safe is your property deal? With land grabbers on the prowl and often multiple individuals claiming ownership of a single plot, buyers have to be extremely careful before investing in land, and also take steps to prevent encroachments.

NRI Law Group suggests some do`s and don`ts to lock a legal and smooth land deal.

Legal Issues

Don't Forget To Ask A Good Law Firm To Do Due Paper Work!

Once you have zeroed in on the land, you have to turn your attention to the most important hurdle you may have to surmount: the legal issues. Tell yourself again and again that this is the most crucial step involved in buying a piece of agricultural land. Mr. Ghuman suggests an easy way out: "Ask a sound law firm to do due diligence. Ensure that the title of the land is clear. If you do not have the wherewithal to check the legal issues, then engage a proper realtor or local broker to check them." "The most common mistake is that people don't see if the land has been properly acquired or not, whether the farmers have been rehabilitated or not. There can be numerous problems. You buy land and then realise there are many issues," says Ghuman. He gives some useful tips on how to avoid such mistakes: "Study the state bylaws before buying agricultural land. Land should not have any encumbrance or litigation on it. Also, have a thorough title due-diligence done on the land with at least 30 years historical title check done. There should be no minor, etc, as owner of the land. Make sure that there are no village roads/lanes, well, etc, on the land and there are no LT/HT electrical wires running thought the land." Get your land demarcated clearly, and ensure that the seller gets the boundary wall or fencing done before the title is transferred, he says.Before signing the cheque for the purchase, you need to carefully plan how you are going to take care of the land. Living in a city and taking care of a land far away won't be an easy task. Ghuman suggests a viable solution: "You can hire contract farming firms that will man age the land for you. These contract farming firms may be on a profit-sharing basis. Prior to the acquisition of the land, a contract farming firm could do the testing of the soil to determine what crop can be grown."

Security Issues

Security issues related to such land are usually more complex, feel experts. "If you buy land in a community society then at least there is somebody to look after the land. But if you buy an independent plot, then there is the problem of guarding it as well, which can become very costly," says Ghuman. "Get the fencing and security right, it is very important," says Narayan. "Prima facie, one needs to make sure that there is no land grabbing or the neighbour doesn't extend the boundaries to your land. Hence, basic costs are for creating a boundary wall and a guard," says Ghuman.

A Home Away From Home

But don't start building holiday home in the air, though. Laws prohibit building of holiday homes on agricultural land. Ghuman says, "A farm land is ideally a piece of land where you can do farming. It should not be confused with a holiday home. Different states have different laws for conversion of farm land into a holiday home, motel, hotel. There is a process laid down by each state which governs the change of land use." So, before you build a holiday home, study the laws of the state where you plan to buy the land. Ghuman warns that holiday homes are not great investment options. "A holiday home is mainly a lifestyle option. There's not much scope for investment in such a home because the liquidity is not great." But make no mistake, land is always a valuable investment. "Holding land may be sensible, given the increasing demand for food grains," says Ghuman. "If you have already bought land, it is better to hold on to it as the purchase cost is not likely to be very high," says Ghuman.

We get redressed NRI property encroachment cases faster: Advocate J.P.S. Ghuman

Edmonton (TNP) -  Staying outside India and having to deal with Property issues in the country, can be really a troublesome and a tuff job. Living overseas with limited ability to supervise their property,Non Resident Indians (NRIs) are often victims of property encroachment in India. "Typically people buy land for investment purposes and may seldom visit the plot of land. Such land becomes an easy target for encroachment because the wrong-doers know that the person is not supervising/ checking on the land and they also know that on encroachment it is difficult for the owner to fight a legal battle in absentia. Similarly, houses of NRIs are soft targets where tenants who have lived long enough may refuse to vacate a rented place. In most situations, the legal way of eviction could be time consuming because the tenancy laws in most states are skewed in favor of the tenants," explains Advocate J.P.S.Ghuman, Managing Director of NRI Legal Matters while talking with The NRI Post. 

A possessor enjoys certain judicial protection against third parties even if he is not the owner. This is in order to obviate unlawful acts of violence against the person in possession. However, illegal occupants take advantage of the prevalent laws with respect to possession and many owners face a lot of problem and harassment to get back their properties. The problem is worse in cases of NRIs who are not physically present to look after the properties and forced to depend on locals to look after the properties and litigation if any.

Prevention, then, is obviously better than cure and we have seen in an earlier article the various steps NRIs can take to prevent property encroachment. However, if your property has already been encroached upon, don't lose heart. "There are remedies provided under the law to get back the properties or protect any third party trespassing or interfering in the peaceful possession," Singh points out. But, as Sunder says, "be mentally prepared for a long haul." 
"Remedies are available under section 5 and 6 of the Specific Relief Act, 1963. A person who is dispossessed from his property can get possession on the basis of title and may recover possession merely by proving previous possession and subsequent wrongful dispossession," says Singh. 

Steps to get it back:-

Step 1: Get all the related documents 

In order to be able to prove that, it is important to have your documents in order. "To establish right on the property the owner or a person claiming possession must have documents such as the title deeds, jamabandis, mutation/ intkal, copy of the Will (if any) where the property has been inherited by way of a Will, original purchase agreement/sale deed, electricity bills, water bills and telephone bills etc.," Singh advices. "In addition, keep all payment receipts, cheques, bank drafts (if any) paid to the sellers and annual property tax receipts," advises Bangalore based Advocate Lokesh Anjanappa. 

Step 2: Seek legal help 

Find yourself a lawyer who can help you to quickly draft suitable notices of eviction and have them sent to the illegal occupants. "Discuss at length with the lawyer every minute detail pertaining to the disputed property and file a civil suit seeking 'restraint order' or 'injunctive relief' (Stay) against any continuing threat. Try and obtain copies of the encroacher's documents on which basis an illegitimate claim has suddenly cropped-up in air," says Anjanappa. 

Step 3: File a complaint with police 

"In addition to the Specific Relief Act, proceedings can also take place under section 145 of the Criminal Procedure Code. In states like Punjab, the Government has taken steps such as setting up of NRI police stations where a person who apprehends trespassing or wrongful dispossession can lodge a written complaint. In fact, a written complaint can be sent to the Superintendent of Police (SP) by way of registered post. Even if the SP fails to respond, a private complaint in the court can be filed through an advocate and the case can then be pursued through a special power of attorney (a relative or a close friend) where it is difficult for the owner to be present in India," says Singh. "You can even file a complaint in any police station if there are any threats of bodily harm from the party," says Sunder. 

Step 4: Be open to negotiation 

"Knowing that there are people backing you up could make the encroacher change mind. Also, keep the window of negotiation open so that the futility of it can be impressed upon the encroacher. Considering the financial impact on the property, legal fees, professional charges, lengthy trial period, related expenses, etc., the encroacher may think it more wise to invite the litigating party for some favorable out of court negotiations/settlement," Sunder says. 

Step 5: Be patient 

"Timelines in litigation in India are difficult to speculate. On an average a case takes a minimum of 2-3 years. The cost of litigation varies from case to case. It depends on the city where the case is filed (litigation cost is steep in cities like Delhi, Mumbai, Ahmadabad), the complexity of the case and type of lawyer engaged (for instance a designated Senior counsel who might charge on per hearing basis or lawyer with an experience of 10-15 years)," Singh says. Getting back encroached property is often a long winding legal process. The above steps provide a broad guide on what to do if you are in a similar situation. Do consult a professional for your individual circumstance.

Our Non Resident Indian clients can trust us to solve all the legal hassles pertaining to their Property matters in India. We have a team of Property consultants & Legal Advisors,  who is well-versed with all such issues and facilitates and quickly resolve  such iessues.

Any problem, in any Govt. Department relating to your Property in India, you can depute us to handle such matters and forget your worries &. rest is our job and you may relax. Your all the problems will be settled on a very nominal expense, we have the experience of handling such issues of our various clients, successfully who are residing in UK, USA, Canada and Middle East, etc. Mr. Singh added.

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.

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.

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

U.S. Suit Says Arizona Sheriff Discriminated Against Latinos

PHOENIX — A federal lawsuit asserting a “pattern of unlawful discrimination” by law enforcement officials here claims that Latinos at the county jail were often referred to as “stupid” or addressed with a coarse ethnic slur. It also says that an e-mail circulated among jail officers contained a photograph of a Chihuahua in a swimsuit, over the words, “A rare photo of a Mexican Navy Seal.”

On the streets, Latino drivers were five to nine times more likely than their non-Latino counterparts to be stopped or searched, the suit asserts, for appearing disheveled or dirty or if it was deemed that too many people were in the back seat. Some were detained because they were said to have looked nervous or avoided eye contact.

The accusations are among those included in a lawsuit filed by the Justice Department on Thursday against Sheriff Joe Arpaio of Maricopa County, who, calling himself “America’s toughest sheriff,” has waged a relentless crackdown on illegal immigrants.

The litigation, in an election year, escalates a politically charged fight over local enforcement of federal immigration laws and the civil rights of Latinos. The suit asks a federal judge to issue an order against discriminatory practices by sheriff’s deputies, and to require the Sheriff’s Office to eliminate a “pattern or practice of unlawful conduct.”

Sheriff Arpaio is accused of running an agency where suspicion and grounds for arrest have been heavily influenced by ethnicity or poor English skills.

In a 32-page complaint, the Justice Department contends that he and his deputies waged a campaign against illegal immigration — through sweeps of homes and workplaces, and in traffic stops and jail practices — aimed at Latinos, regardless of status or citizenship.

Sheriff Arpaio also sought to silence his opponents — lawyers, judges and private citizens — through retaliation, at times filing lawsuits against them that were later found to be baseless, the complaint says.

“At its core, this is an abuse-of-power case involving a sheriff and sheriff’s office that disregarded the Constitution, ignored sound police practices, compromised public safety, and did not hesitate to retaliate against his perceived critics,” Thomas E. Perez, assistant attorney general at the Justice Department’s Civil Rights Division, said at a news conference here.

Sheriff Arpaio has engaged in an increasingly bitter conflict with the Obama administration, including questioning the authenticity of the president’s birth certificate and portraying the civil rights investigation that preceded the lawsuit as politicized.

In a news conference at his office, Sheriff Arpaio said he would not allow his office to be "taken over by some bureaucrats in the federal government."

“I will fight this to the bitter end,” he said. He also said: “They’re using me for the Latino vote. I hate to say this is political, but the timing is suspect.”

In what was seen as a pre-emptive move, his office distributed a 17-point plan on Wednesday that promised to “establish and maintain specific bias-free law enforcement and detention” through better policies and training.

“We’re just doing our jobs enforcing illegal immigration laws,” the sheriff said Thursday. “We’re not racist.”

Mr. Perez said the document validated the lawsuit’s claims and was “largely an admission” that problems existed, but came too late to change the Justice Department’s course of action.

Portraying Sheriff Arpaio’s roughly 900 deputies as poorly trained and supervised, the suit contends that they are far more likely to stop and search Latinos than non-Latinos. Further, the complaint asserts, there is a “culture of bias” against Latinos among the 1,800 officers in the county jail system.

The federal government and Arizona officials have been feuding on many fronts about immigration enforcement. State officials contend that the government has failed to police the southwestern border, leading to a flood of illegal immigrants who have strained state services and created other problems.

The Supreme Court is weighing a federal challenge to a 2010 Arizona law that requires state law enforcement officials to determine the immigration status of people they stop and suspect are in the United States illegally.

But even by Arizona’s strict standards, Sheriff Arpaio, a media-savvy figure who is known as Sheriff Joe, has been aggressive. The Justice Department’s investigation of his policing practices began during the administration of George W. Bush but eventually stalled.

In December, the Justice Department released a highly critical report laying out what it said were violations by Sheriff Arpaio and his office. The department moved to negotiate a settlement, but the sheriff refused to acquiesce to its demand to place an independent monitor in his office, saying it would give the federal government too much power over a local law enforcement agency.

The standoff suggests that it may take a trial to resolve the matter.

Issue summons to Facebook through e-mail: Court

New Delhi: A Delhi court hearing a civil case against various social networking sites for allegedly displaying objectionable content Wednesday ordered that summons be served to US-based social networking site, Facebook through e-mail.

Meanwhile petitioner's counsel Santosh Pandey moved an application seeking the government should be brought as a plaintiff for proper adjudication of the case as it is related to national issues.
Administrative Civil Judge Parveen Singh order that summons to Facebook should be served through e-mail within three days after observing that the firm has not appeared in the court as summons were not served against it.
The court was hearing a case filed by petitioner Mufti Aijaz Arshad Qasmi, an Islamic researcher linked to a website run by the Islamic Peace Foundation of India, who had sought removal of objectionable content from various websites.
Qasmi in a newly revised list submitted in last hearing April 12 has sought to prosecute - Facebook India, Facebook Inc, Google Inc, Orkut, Youtube Inc, and Blogspot.
Pandey has moved another application seeking review of the order of dropping the name of Orkut India, Youtube India and Blogspot India from the case. He said that the no objection given by him for deletion of the names of Google India and the other three parties was due to confusion.
He told the court that submissions made by Google India, Orkut India, Youtube India and Blogspot India that they were only subsidiaries of Google Inc, Orkut, Youtube and Blogspot were wrong.

The court has listed the matter for Thursday for further hearing.

Bill C-10 makes crossing U.S. border tougher if you have a criminal record

VANCOUVER - The recent passage of Bill C-10, the federal Safe Streets and Communities Act, has made crossing into the U.S. from Canada more difficult for anyone with a criminal record.

A solution can be provided by Commissionaires B.C., but getting a waiver won't be cheap and it could take as long as a year or more, according to Deb Barnett, supervisor of identification for the organization.

Barnett said a Canadian ``record suspension'' is most important for employment reasons. But the new crime law has extended the waiting period for that to five years from three years for less serious offences and to 10 years from five years for indictable offences.

Anyone with three indictable offences leading to prison sentences of more than two years each can't get their record wiped clean. Neither can someone convicted of sex offences against a child.

But getting a U.S. entry waiver is critical for travel to or through the U.S.

``This has some pretty major effects on people's lives,'' said Barnett.

She cited two cases of people who came directly to her office after being turned back at Vancouver International Airport.

One was heading to the U.S. to visit his dying sister in hospital. A random check revealed he had an assault on his record from a marital dispute more than 20 years in the past and he was rejected.

The other man was heading to his second home in Palm Springs, Ariz., to join family members who had travelled ahead of him. A random check of the man, who was in his 50s, turned up a marijuana possession from when he was 18.

``He had no idea they were doing this,'' said Barnett of the checks.

The Commissionaires are an independent, non-profit security organization that provides meaningful work for former Canadian Forces and RCMP members. There are other companies that also deal with the complicated process of getting what used to be called ``pardons'' but are now, since March 12, called ``record suspensions.''

Barnett pointed out that a Canadian pardon is not recognized by U.S. border guards.

That's where a U.S. entry waiver, which is granted by the Department of Homeland Security, is required. It costs $585 US, payable to U.S. Citizenship and Immigration Services.

All of this requires getting criminal record files, for which the Commissionaires charge a service fee. The fee for that is $399 but the total for the entire process averages $1,059.

Criminal records are kept in the Canadian Police Information Centre, which can be accessed by U.S. Customs. If a U.S. official has accessed that record it remains in their database even if that record is wiped out by a pardon in Canada.

That's why the entry waiver is critical.

India drags US to WTO on visa fee hike

 

New Delhi: India has dragged the US to the WTO challenging the visa fee hike which discriminates against the Indian software companies sending professionals to the US on short-term contracts.

"Yes, we have sought consultations with the US on the issue," a senior Commerce Ministry official said.

As per the procedure of the World Trade Organisation, consultation is the first stage of a complaint launched in the global trade body.

The US had raised visa fee in 2010 to fund its enhanced costs on its securing its border with Mexico under the Border Security Act. India has been protesting against the measure and raising its concern for the last 18 months.

The law substantially increased the fees for H1B and L1 categories of visas for applicants which employ more than 50 persons in the US or have more than 50 per cent their employees admitted on non-immigrant visas (the 50:50 rule).

Before India's complaint goes to the Dispute Settlement Body (DSB) of the Geneva-based WTO, the parties to the dispute are required to engage into bilateral consultations. The process takes about two months.

"The date and place (of these consultations) have not been finalised," the official said adding the US measure is violating of the WTO rules.

Some of the top Indian companies - TCS, Infosys, Wipro and Mahindra Satyam - were affected by the US action on visa fee. The US is the largest market for the Indian software exports.