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Vidi

Information from Army Court against a Defence Officer - Case of Bigamy

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Vidi

Hello..

 

Before i post my questions, would like to give a little background so i get the right answers which will help me.

 

My husband is a serving Indian Army officer. After 12 yrs of marriage he secretly married another woman without a hint or without taking divorce from me. He illegally married someone without nullifying his 1st marriage.

 

Since he is serving in Army, i filed a complaint to his higher officials. After writing to several officers for about six months - a court of inquiry was conducted where he was proved guilty of bigamy.

 

The court of inquiry was conducted in Feb' 2009 where in within a week, during the court proceedings he was proved guilty.

 

I am separated and since then i have been writing to them asking for what is the outcome of it and how do they punish someone who is proved guilty of bigamy ?

 

The officer is serving in Army since last about 15 yrs approx and the other officers there are trying to shove this matter under the carpet.

 

I want to file under RTI and have some question...

 

Is there a separate/different office to file for RTI against serving defence officers ?

 

I want to know what action the Army Aourt took after knowing that he was proved guilty for bigamy. Because i am aware that Army court hasn't taken any action and the officer is still serving and holds the same rank and enjoys the same perks as earlier and still living with the same women tho his 2nd marriage is illegal.

 

Can i file for RTI - in the given situation ?

Since it is against a defence officer, are there any different rules or different offices to file ?

 

I reside in Vadodara, Gujarat. Can you please guide me if you know where the RTI office is located ?

 

All help is welcome as at this moment i am all blank. Have been googling about RTI and that is how i stumbled upon this forum.

 

Thankyou,

Vidi..

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dr.s.malhotra

dear vidi ji ,

welcome to the forum . You have landed at right place .

1. there is no separate RTI deptt . the original department holding information is liable to provide it to you thru their designated officer called POI- Public Information Officer .

2. Any citizen of India can get information held by Department , to called Public Authority under RTI Act .

3. the information seeker files an application under RTI Act with the PIO of the department along with prescribed fee (Rs.10 in your case ) by IPO to be sent by (better mode) SPeed Post .

4. the PIO is required to respond with information or denial in 30 days of receipt of information .

5. Information can be denied by PIO taking cover under s.8 and 9 of RTI Act .

6. The armed forces fall in Second Schedule and therefore RTI Act does not apply to them , but there are certain exceptions to this section 24. Your case may fall in those exceptions .

7. You will file RTI Application to head of his unit / controlling officer . Your case will go upto Commission (2nd Appeal ) and you will have to convince the Commission that your case does not fall under s.24 of RTI Act . There is hope . More we will reply when you read this and return with further queries .

Please read s.24 reproduced below : Read it and return with further queries

 

24. (1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.

(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.

(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.

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sarbajit
Hello..

 

Before i post my questions, would like to give a little background so i get the right answers which will help me.

 

My husband is a serving Indian Army officer. After 12 yrs of marriage he secretly married another woman without a hint or without taking divorce from me. He illegally married someone without nullifying his 1st marriage.

 

Since he is serving in Army, i filed a complaint to his higher officials. After writing to several officers for about six months - a court of inquiry was conducted where he was proved guilty of bigamy.

 

The court of inquiry was conducted in Feb' 2009 where in within a week, during the court proceedings he was proved guilty.

 

I am separated and since then i have been writing to them asking for what is the outcome of it and how do they punish someone who is proved guilty of bigamy ?

 

The officer is serving in Army since last about 15 yrs approx and the other officers there are trying to shove this matter under the carpet.

 

I want to file under RTI and have some question...

 

Is there a separate/different office to file for RTI against serving defence officers ?

 

I want to know what action the Army Aourt took after knowing that he was proved guilty for bigamy. Because i am aware that Army court hasn't taken any action and the officer is still serving and holds the same rank and enjoys the same perks as earlier and still living with the same women tho his 2nd marriage is illegal.

 

Can i file for RTI - in the given situation ?

Since it is against a defence officer, are there any different rules or different offices to file ?

 

I reside in Vadodara, Gujarat. Can you please guide me if you know where the RTI office is located ?

 

All help is welcome as at this moment i am all blank. Have been googling about RTI and that is how i stumbled upon this forum.

 

Thankyou,

Vidi..

 

Hi

 

I am going to put some questions to you first.

 

1) What is your religion, and that of your husband ? Also that of the 2nd wife ?

2) Is your marriage registered ?

3) Is the 2nd marriage registered ?

4) Did both marriages take place in India ?

5) Has your husband ever converted to another religion

6) In the CoI did he "deny" his 2nd marriage ?

7) Were you called as a witness before CoI ? or cross-examined ?

8) Do you have access to the CoI verdict / finding , or at least no its number?

9) Do you have access to JAG's recommendations ?

10) Have you taken any legal steps under any Marriage law or Civil

Law or Criminal Law against your husband ? Do you have an

advocate ? BTW I am not an advocate, so I'm, not selling you anything.

 

Sarbajit

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sarbajit
dear vidi ji ,

welcome to the forum . You have landed at right place .

1. there is no separate RTI deptt . the original department holding information is liable to provide it to you thru their designated officer called POI- Public Information Officer .

2. Any citizen of India can get information held by Department , to called Public Authority under RTI Act .

3. the information seeker files an application under RTI Act with the PIO of the department along with prescribed fee (Rs.10 in your case ) by IPO to be sent by (better mode) SPeed Post .

4. the PIO is required to respond with information or denial in 30 days of receipt of information .

5. Information can be denied by PIO taking cover under s.8 and 9 of RTI Act .

6. The armed forces fall in Second Schedule and therefore RTI Act does not apply to them , but there are certain exceptions to this section 24. Your case may fall in those exceptions .

7. You will file RTI Application to head of his unit / controlling officer . Your case will go upto Commission (2nd Appeal ) and you will have to convince the Commission that your case does not fall under s.24 of RTI Act . There is hope . More we will reply when you read this and return with further queries .

Please read s.24 reproduced below : Read it and return with further queries

 

24. (1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.

(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.

(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.

 

Dear Dr.

In which Schedule do we get the Army falling under section 24 ?

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dr.s.malhotra

thanks to Sh. Sarabjit ji for correcting me .

Post #2 may be read as :

dear vidi ji ,

welcome to the forum . You have landed at right place .

1. there is no separate RTI deptt . the original department holding information is liable to provide it to you thru their designated officer called POI- Public Information Officer .

2. Any citizen of India can get information held by Department , to called Public Authority under RTI Act .

3. the information seeker files an application under RTI Act with the PIO of the department along with prescribed fee (Rs.10 in your case ) by IPO to be sent by (better mode) Speed Post .

4. the PIO is required to respond with information or denial in 30 days of receipt of information .

5. Information can be denied by PIO taking cover under s.8 and 9 of RTI Act .

6. You can get information under RTI Act subject to usual objections u/s s.8 ad 9

7. You will file RTI Application to head of his unit / controlling officer . Your may have to go for first Appeal and 2nd appeals . There is hope . Return with further queries .

 

Sh. Sarabjit ji's questionnaire point only to legal nuances in such a situation which may have bearing on outcome of even your RTI Application .

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sarbajit
thanks to Sh. Sarabjit ji for correcting me .

Post #2 may be read as :

dear vidi ji ,

welcome to the forum . You have landed at right place .

1. there is no separate RTI deptt . the original department holding information is liable to provide it to you thru their designated officer called POI- Public Information Officer .

2. Any citizen of India can get information held by Department , to called Public Authority under RTI Act .

3. the information seeker files an application under RTI Act with the PIO of the department along with prescribed fee (Rs.10 in your case ) by IPO to be sent by (better mode) Speed Post .

4. the PIO is required to respond with information or denial in 30 days of receipt of information .

5. Information can be denied by PIO taking cover under s.8 and 9 of RTI Act .

6. You can get information under RTI Act subject to usual objections u/s s.8 ad 9

7. You will file RTI Application to head of his unit / controlling officer . Your may have to go for first Appeal and 2nd appeals . There is hope . Return with further queries .

 

Sh. Sarabjit ji's questionnaire point only to legal nuances in such a situation which may have bearing on outcome of even your RTI Application .

 

There is something wrong with this applicant. The story she is putting out does not match with the procedure for CoI. My queries were intended to fine tune the RTI request and who she is to file it to -- > JAG-Army.

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Vidi

Thankyou Dr.S.malhotra for the detailed explanation.

 

I am not clear about one thing - is the "POI". where are they ? i mean where do i find them or their addresses ? Do they have offices city wise, state wise ?

Sorry if i sound ignorant - i really hv no clue.

 

I have to send my query by post ? can i not hand it over to him myself in person ?

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Vidi

Sarabjit, here are the answers to your questions...

 

 

I am gujarati, my husband - a bengali. I do not know the whereabouts or the religion of his 2nd wife.

 

Yes our marriage was registered and also a civil hindu marriage was performed in front of several people.

 

yes both the marriages have taken place in India.

 

No i dont think my husband has converted to any other religion.

 

In the COI - he initially denied his 2nd marriage but towards the end he himself agreed for it.

 

Yes i was called for the COI and was cross examined.

 

No i do not have access to the COI verdict as i belong to a civil background and i was told that i cannot have a copy of it.

 

I would've liked to take help of civil law but was told by army authorities that they should be able to grant justice and there was no need to approach the civil court.

 

But now i see that they seem to be sleeping on it, and i need to take some civil action.

 

I am having discussions with a civil lawyer and am planning to file a case against the officer.

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sarbajit
Sarabjit, here are the answers to your questions...

 

 

I am gujarati, my husband - a bengali. I do not know the whereabouts or the religion of his 2nd wife.

 

Yes our marriage was registered and also a civil hindu marriage was performed in front of several people.

 

yes both the marriages have taken place in India.

 

No i dont think my husband has converted to any other religion.

 

In the COI - he initially denied his 2nd marriage but towards the end he himself agreed for it.

 

Yes i was called for the COI and was cross examined.

 

No i do not have access to the COI verdict as i belong to a civil background and i was told that i cannot have a copy of it.

 

I would've liked to take help of civil law but was told by army authorities that they should be able to grant justice and there was no need to approach the civil court.

 

But now i see that they seem to be sleeping on it, and i need to take some civil action.

 

I am having discussions with a civil lawyer and am planning to file a case against the officer.

 

1) What proof do you have that a 2nd marriage took place ? This is essential to how the matter should be handled.

 

2) As the complainant I think you are entitled to a copy of the CoI finding, if any if the inquiry is concluded. This is under the RTI Act

 

3) I am given to understand that after the CoI verdict, the JAG is statutorily (Army Act) required to examine the CoI verdict and give his recommendation to CoAS so that interest of all parties is safeguarded (incl yours). So you can certainly apply to CPIO/RTI of the Army asking for copy of JAG 's recommendation to CoAS. (The initial reply you will be given is that there is a "fiduciary" relationship between CoAs and JAG so info is denied under 8.1.e). SO to get around this first write directly to JAG giving all details asking to be informed (outside of RTI process) the final action taken on your complaint, and JAG's recommendation. As an affected party you are entitled to this information. You must mention in your letter that bigamy is also a serious criminal offence punishable under the Indian Penal Code in addition to action under Military Law.

 

4) You say your Hindu Marriage is registered and that you are a Gujarati. If the marriage was registered in either Gujarat or Maharashtra there is a legal problem if the marriage was registered under Bombay Marriage Registration Rules instead of in the Hindu Marriage Register. As yours is an inter-state marriage (Arya Samaj nuptials ?) you may face a problem if your registration is under the wrong rule/law.

 

5) Your civil action needs to be suitably strengthened by criminal actions (I.P.C), if your husband is indeed a bigamist. BTW, I am a Bengali, and I know of many Bengalis with "Hindu" surnames (like me) l who are legally entitled to have even a 100 wives (I fortunately have only 1 but I can have a 100 or even 200) so be forewarned.

 

Sarbajit

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dr.s.malhotra

In post #6

My queries were intended to fine tune the RTI request and who she is to file it to -- > JAG-Army.
JAG - Judge Advocate General - sort of law deptt of army .

PIO - is an officer of the department itself but designated to perform functions of PIO under RTI Act .

You may submit the application by hand also and get the receipt for the same for record .

Plz see these useful links :

http://indianarmy.nic.in/writereaddata/documents/RTI%20_Manual-I_.pdf

Official Website of Indian Army

you will find list of PIOs and AA s on the Indian Army website given here .

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Vidi

Okay, i seem to be a lil more clear now. Am going thru the pdf jst now. Thanks alot Dr.S.malhotra.

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