In fact getting a RTI of the file is a terrific idea. It will show you quite conclusively how strong a case you have. If everything you've narrated is what's happened, then the RTI will give you a strong case. If your friend wants certainty in the future, he has to take some kind of action.
On Tue, 2 Aug 2016 10:12 am harry, <[email protected]> wrote: > Just an update on this -- > > My friend decided to not go to court ... but called everyone he knew ... > managed to get mobile numbers of addl. secretaries, a few ministers and > such, and was calling them sending sms every-day. In effect they lifted the > ban after a month and a half, and his wife was able to fly in (and has > flown in and out a couple of times since then). However, they did not give > anything in writing, he was told over the phone ... his wife can fly back, > they simply cannot give anything in writing. > > Apparently unofficially he learnt it was an "error", and even got to know > where the complaint against his wife came from. She stayed in a hotel in a > small town somewhere - and the local sub-inspector who receives foreigner > registrations did not understand what a PIO was or what it implies, simply > looked for an employment visa -- didn't find it, and flagged her as a visa > violator. Went up the chain got rubber-stamped all the way up-to Minist. of > Home Affairs (i am sure no one reads these things, just blindly passes on > the file)... eventually resulted in the ban. > > He has been going through an RTI process to get his wife's file from > immigration to know exactly what happened and who was responsible ... and > also pursuing it through the government's complaint portal. Now, I am not > really sure if that is a good idea ... > > > > > > On 9 February 2016 at 12:54, Nikhil Mehra <[email protected]> > wrote: > > > > > On 08-Feb-2016, at 10:37 PM, harry <[email protected]> wrote: > > > > > On 8 February 2016 at 14:55, Badri Natarajan <[email protected]> wrote: > > > > > >> > > >>> On 8 Feb 2016, at 11:46, Nikhil Mehra <[email protected]> > > wrote: > > >>> > > >>> > > >> > > >> Absolutely agree with Nikhil. The bureaucracy have no incentive to > help > > >> your friend. Unless you have Minister level connections to go over > their > > >> heads, your friends are simply wasting time (and if they waste too > much > > >> time and go to Court, the Government will try telling the Court that > > they > > >> waited too long, although I doubt you’re at that point yet). > > >> > > >> I can understand why this is happening..it’s very seductive to think > > that > > >> “something will happen” if they keep talking to bureaucrats - it feels > > like > > >> taking action because so much effort is going into it, and it feels > like > > >> court will be an unnecessary escalation. But you have two lawyers > > telling > > >> you now that your friends’ best bet is to file a case. > > >> > > >> This is one of the circumstances where the Indian legal system > actually > > >> works (more or less) as it is supposed to (as opposed to, say, trying > to > > >> recover a commercial debt). > > >> > > >> > > > Thanks, see what you mean by "something will happen" syndrome. > > > > > > Any idea how long such cases take from filing to judgement ?... i > always > > > hear about cases taking years if not months to come up for a hearing. > > > > > > Oddly the problem seems to have arisen from a hotel in a small town. > This > > > lady was staying in the hotel for a few days, had to submit copies of > ID > > > documents at the desk, and gave the PIO and PAN documents (which the > > hotel > > > apparently has to send to local police chowki ? ) The police didn't > > > understand this PIO document and came to the hotel couple of days later > > to > > > "inquire" about her ... found she was a foreigner... and asked for more > > > details about her, who she was etc took copy of passport. Thats the > only > > > brush with police she has had. And this "visa violation" warning that I > > > found via immigration source has come from the same regional > immigration > > > circle office where this town is located. Clearly ignorance of local > > police > > > authorities is something to be wary of ? > > > > > > > > > > > > Harry, given how egregious this case appears to be, i.e., (i) no reason > > for the activities of the deportee to be flagged under any existing law > > (ii) refoulement obligations on account of her family in India (iii) past > > record of living in, and traveling to and from, India, I think this could > > be the sort of case where relief may be forthcoming in a matter of weeks. > > The whole thing could be over in a few months - win or lose. > > > > Egards, > > > > Nikhil Mehra > > Advocate > > B.A., LL.B. (Hons.) (NLSIU), LL.M (Northwestern) > > > > Chambers of Nikhil Mehra > > E-348 Ground Floor | Greater Kailash - II | New Delhi 110048 > > +91 98107 76904 > > [email protected] > > > > > > > >> On the OCI/PIO thing that’s quite interesting because my wife is > > actually > > >> a PIO holder who is not of Indian origin, in a similar position to > your > > >> friends. The OCI/PIO merger is a mess - from what we can tell (lots of > > >> contradictory information), they HAVE merged OCI and PIO statuses > > together, > > >> so that all PIO cards are now treated as OCI cards and PIO basically > > >> doesn’t exist anymore. But there’s also a lot of contradictory > > information > > >> saying that it is preferable to get an “official” conversion to OCI > > just in > > >> case..it’s on our list of things for my wife to do. It can’t hurt, is > my > > >> view. > > >> > > >> And yes Harry - OCI, despite the name, is roughly the Indian > equivalent > > of > > >> having a US green card and grants (broadly similar) rights and > > >> restrictions. It is NOT citizenship or nationality and does not > entitle > > the > > >> holder to a passport. > > >> > > >> > > > > >
