HUMAN RIGHTS OF NRI
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HUMAN RIGHTS OF NON RESIDENT INDIAN
NRI must know his human rights so that he is NOT made to suffer by the corrupt cops & unethical elements within Indian judiciary. Non Resident Indian who enforces his human rights gets an edge over his litigations too because directly or indirectly he is also telling the judiciary that these false cases are NOT at all triable due to the evidences placed on record by him by way of written statement, preliminary objections, RTI, CrPC 91, Perjury application, Contempt application, criminal complaint against the wife, defamation or other counter attacks by him NOT for wreaking vengeance but for proving his innocence.
HUMAN RIGHTS VERSUS POLICE
Fair & Unbiased Investigation is the human right available to a non resident Indian and if such NRI invokes his human rights via his representations then the cops including the dirty cops get a hint that this NRI knows his rights very well. But invoking your human rights does NOT mean getting angry or writing the representations in a highly disrespectable manner. Instead one needs to learn the art of writing skills because if the writing skills of the like atur chatur are used then you also indirectly tell the judge/ cops & opposite party advocate that your human rights make you stand at almost equal standing/ equal footing with that of a woman in India. Hence, if they think that women are weak, women are superior, women are heard in priority in the courts then they will get another hint that you also stand with equal footing meaning that you are equal to woman in India so if she does wrong to you then she is also punishable u/s 211 r/w 506 IPC r/w 511 IPC but for that non resident Indian needs to file an application party in person before framing of issues stage i.e., before framing of charges stage (hereinafter referred as FOC for the sake of brevity)
WHY PARTY IN PERSON?
NRI’s often ask me questions as to how can I file an application party in person or why to file such application party in person only & NOT through a lawyer or advocate & what is the harm in filing such application through a counsel or how can I legally represent before the court without a vakeel or vakalatnama.
The answer is that, PARTY IN PERSON IS VERY POWERFUL & no application of yours can be withdrawn without your written consent but if you have given a vakalatnama then such counsel is in a position to represent you the way he likes so if you are getting suggestions from Hon’ble Atur Chatur then filing applications party in person will derive maximum oputput.
What is the problem with withdrawing of an application?
Because, if an application is withdrawn then the NRI loses the right to raise those grounds again within his entire litigation hence party in person means that you have NOT signed anything like a power of attorney to someone & if the opposite party even bribes the hon’ble judge then also they won’t be able to get anything favorable for them unless you yourself withdraw that application in writing.
Is there possibility of some other unethical practices against the NRI by the opposite party by bribing heavily the court?
YES, if the opposite party is strong financially & they have links & approaches with the judge & they come in a position to influence the judge/ MM then your applications can be withdrawn without openly discussing that in the court & by writing that within the court’s order sheet. And thereafter, you can be prevented from reading that unethical order by NOT uploading in the website for different reasons or by NOT allowing you to reach towards certified copy of the order by bribing court officials or other unethical practices.
What can I do if I get access to such court’s order?
You can do different things at different points of time.
(a) If wrong is said & done to you in open court then same day you can file with the same judge/ MM an application with the heading, “WRITTEN NOTES OF ARGUMENTS” which is also known as “PURSHISH APPLICATION”. A judge/ MM is duty bound to include those facts within his order sheet.
(b) You can challenge such order openly ordered & announced in open court which is wrong when compared with your oral or written statement.
(c) You can complaint against a judge for mental torture or defamation or a simple fact based complaint.
(d) You can appeal in sessions or next higher level within judiciary.
(e) You can file RECALL APPLICATION before that family court JFC/ PJ or before that mahila court MM.
(f) You can file revision before District Judge.
(g) You can file REVIEW APPLICATION before district judge.
(h) You can complaint directly in HIGH Court via Writ/ Complaint etc
(i) You can file Contempt of Court application against a court if the court itself in in contempt of High Court or Supreme Court orders.
HUMAN RIGHTS VIOLATION of NRI
A non resident Indian can be subjected to human rights violation & hence a NRI must remember his following human rights viz.,
2.1 That fair trial includes pre-trial stage in the judicial proceedings as this stage determines whether the matter is triable or not or whether there is any abuse of court or not. Interestingly, my applications already on record mentions non-triability, perjury, unethical practices, fraud on court & lot more facts & circumstances which will prove that this is not just my human rights violation but this is also a classic real-life example of scandalization within family courts @ XYZ Courts vis-à-vis Delhi District Courts (or the name of the state concerned).
2.2 That if the court case is proceeded without following the principles of good faith then it is the violation of my human rights.
2.3 That when the matter is not even triable as per my three applications filed by me alongwith WS itself & if the matter is put to trial without deciding my applications then this is against the principles of good faith hence my human rights violation.
2.4 That if unethical practices vis-a-vis court record tampering has taken place within the above HMA to suppress my three applications filed by me alongwith WS itself then this is fraud on court & this is also my human rights violation.
2.5 That this protection against getting a trial is fully consistent with human rights law because human rights law prohibits putting people on trial when there is no crime to try them for. Hence putting the above noted “DIVORCE” on ex-parte evidence on very first instance by Hon’ble Principal Judge concerned without even perusing the respondent’s submissions viz., Written Statement, applications, counter objections, perjury, fraud on court, unethical practices or even predecessor judge’s order sheets violates the human rights & thereby the Hon’ble Principal Judge started gifting illegal favors to the petitioner/ wife for the reasons best known to him only & this is wrong not just morally, but this wrong also socially, technically, legally (Lego-Technical Fallacy) & also my human rights violation and hence I vehemently raise my written objection in this regard & seek enquiry & investigation by the Hon’ble High Court to understand & disclose the true reasons & true motive behind such illegal favors which have resulted also in my human rights violation hereinafter referred as HRV for brevity.
2.6 That the right to equality before the law is sometimes regarded as part of the right to a fair trial. The right entitles individuals to be recognized as subject, not as object, of the law. International human rights law permits no derogation or exceptions to this human right.
2.7 That it is a settled proposition that, "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” And those acts (explained above & within this entire complaint) by the Hon’ble Principal Judge proofs his dependent & partial attitude which on one hand is non est in the eyes of law & on the other hand attracts provisions of Lego-technical fallacy hence all such acts are also void in the eyes of law.
2.8 That the aim of this right is to ensure the proper administration of justice. As a minimum the right to fair trial includes the following fair trial rights in civil and criminal proceedings:
the right to be heard by a competent, independent and impartial tribunal
the right to a public hearing
the right to be heard within a reasonable time
the right to counsel
the right to interpretation
2.9 That "All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law."
2.10 That in this regard it can be seen that the Hon’ble Principal Judge has offered illegal favors to the petitioner/ wife which is not just against the principles of good faith & human rights but such an act is also termed as unbecoming of a judicial officer (read with explanations in entire complaint not being repeated for brevity.)
2.11 That the European Court of Human Rights and the Inter-American Court of Human Rights have clarified that the right to a fair trial applies to all types of judicial proceedings, whether civil and criminal. According to the European Court of Human Rights, Article 6 of the European Convention on Human Rights and the fair trial rights apply to all civil rights and obligations created under domestic law and therefore to all civil proceedings.
2.12 That as per the definition, Human rights are norms that help to protect all people everywhere from severe political, legal, and social abuses. Examples of human rights are the right to freedom of religion, the right to a fair trial when charged with a crime, the right not to be tortured, and the right to engage in political activity.
2.13 That Human rights have high-priority. Maurice Cranston held that human rights are matters of “paramount importance” and their violation “a grave affront to justice” (Cranston 1967). If human rights did not have high priority they would not have the ability to compete with other powerful considerations such as national stability and security, individual and national self-determination, and national and global prosperity.
2.14 That as per Article 1 of the United Nations Universal Declaration of Human Rights (hereinafter UNUDHR for brevity) "All human beings are born free and equal in dignity and rights." And in India in April 2014 (sometime around 15th April’2014) LGBT Community was recognized as a third gender in India & as per Supreme Court of India it is mandatory to include LGBT within the forms & also some authorities have been ordered to make separate toilets for LGBT so if after passage of LGBT if any judicial officer defies all lego-technicalities in the very first hearing before him and offers illegal favors to one of the genders then this is a serious issue besides being my HRV.
2.15 That as per Article 7 of UNUDHR "All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.” And this law was made even before LGBT were recognized in India and now since for the past two years approx one more gender has been recognized in India & despite being three broad genders categorized in India if a senior rank judicial officer does any gender discrimination or offers illegal favors to one of the genders in a civil suit/ petition vis-à-vis matrimonial dispute in a family matter (read with entire complaint especially those paras related to Hon’ble Principal Judge) then this attracts penalties under human rights violation too both at the national level & at the international level. I vehemently raise my voice vis-à-vis my written objection to this violation of my Human rights in the hands of Principal Judge.
2.16 That as per Article 8 of UNUDHR "Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law."
2.17 That as per Article 12 of UNUDHR "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."
2.18 That Some human rights are said to be "inalienable rights". The term inalienable rights (or unalienable rights) refers to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered."
2.19 That Human rights violations occur when actions by state (or non-state) actors abuse, ignore, or deny basic human rights (including civil, political, cultural, social, and economic rights).
NRI 498a Helpline are the rights which a NRI male victim of false cases by NRI wife or by Indian wife can exercise including the human rights.
SETTLEMENT OF NRI MATTER
(a) Many NON RESIDENT INDIANS after years of litigations think about the settlement & some even think about this right from the beginning but the settlement expert suggests to all NRI’s that one needs to file counter cases if the cases have been moved to the court, ONLY THEN the opposite gang will come on the settlement table or negotiation table.
HOW TO MAKE WIFE AGREE FOR SETTLEMENT
Tax Evasion Petition, Complaint against government servant Father in law & other counter cases & valid RTI’s can be filed against the wife & in-laws so that the wife of NRI husband comes for settlent. Atur Chatur Sir can be contacted for more methods on how to bring the wife agree for settlement of these false cases on non resident Indian husband & his entire family. So fight strong & get out of these false cases soon with the help of Atur Chatur Sir.
Best Wishes & Happy Fighting false cases & SOCIAL STIGMA on you & family!!!.