Indian legal system has completely and miserably
failed to protect innocent persons erably failed to protect innocent
Many instances have come to light where the complaints are not
bonafide and have been filed with an oblique motives with the collusion
of corrupt law enforcing machinery.
The Judicial system must strongly deal with frivolous complaints
and prosecutions by unscrupulous corrupt law enforcers; for
wasting court's precious time and putting financial burden on public
The costs should be recovered from guilty and the victim should
What government has done to stop this mockery of Indian Justice
system by un-scrupulous law enforcers?
High Court prevents Consulate from revoking Dubai NRI's passport
The Delhi High Court has quashed the notice of the Indian consulate
in Dubai for revocation of passport of an Indian there who was accused
of causing the death of his wife.
Delhi Police had registered a case against Shailender Jain, a systems
analyst who has been working in Dubai for 20 years, after his wife's
death in July last year.
Shailender was charged for "dowry death" under section
498 A of the Indian Penal Code applicable to a husband or relative
of husband of a woman for willful conduct that is likely to drive
her to suicide.
Shalini, married to Shailender for more than 11 years, had committed
suicide at her Sharjah home by pouring kerosene on herself on July
20 last year. In her dying declaration she did not blame anyone.
After an investigation, Sharjah Police concluded that it was a
case of suicide. Following that the case against Shailender was
closed on the orders of UAE ministry of justice.
The cremation of Shalini was attended by her younger brothers and
sister who were received by Shailender at Dubai airport, according
to a petition filed by him in the Delhi High Court.
But a week later, Delhi Police registered a case against Shailender
on the complaint of Shalini's elder sister who lives in India.
Shailender challenged the registration of the case in the high
court, saying Delhi Police had no jurisdiction as the alleged incident
had occurred outside Delhi, in another country.
Moreover, the case had already been investigated and closed by
Sharjah Police, Shailender's lawyer R.K. Saini contended in the
Saini told the court that the consulate general of India in Dubai
had sent him a show cause notice on behalf of Delhi's deputy commissioner
of police (crime) on the grounds that he was not cooperating with
police in investigating the murder case lodged against him in India.
The notice gave him three days to explain, failing which his passport
would be revoked and he would be deported to India.
Shailender has been working with the Dubai Police as a systems
analyst. UAE laws do not permit any citizenship to foreign nationals,
though they can work indefinitely on an extended visa.
"The show cause notice is only an eyewash and an empty formality.
The purpose is none other than to harass the petitioner, make him
lose his job and be deported to India," Saini argued. The Delhi
Police complaint against him, however, still stands.
Arguing before the court of Justice S.K. Mahajan, Saini said the
consulate's notice was malafide, as its sole motive was to create
circumstances that Shailender loses his job in the UAE.
Report dated December 1, 2003