New zealand citizen fraudulently used and made government id

francis (Querist) 18 February 2020 This query is : Resolved
My cousin has migrated to new Zealand with his family from 18 yrs. In 2018 he came and used his Xerox copy of his ration card and applied for Adhar card. I gave several complaint to the Adhar card authority in Mumbai they said that they have taken the action so I applied through right to information what action has been taken they said that they cannot give information it's third party. Then I gave complain to the FDO and they say that the ration card was not cancelled they said it was the immigration and visa department who need to to surrender and cancel the government documents which they have not done, the FDO said that we can only cancel his ration card we cannot take action on him, I informed them that he fraudulently misrepresented and fooled the government indirectly he cheated the government for which he needs to be punished, I told them can I go to new Zealand and make my green card immediately there are some rules to follow.
Complain to the prime minister and president are also made but still no action is taken.
Letter to the immigration department and external affairs minister are also made.
What can be done in this matter.
Forging documents is not a crime
Fooling or cheating the government is not a crime
To make Adhar card also a foreigner needs to be in India for at least 6 mths which he didn't do so. Is it a small crime. A foreigner who is of age 63 and PhD person doing this. He known the indian government cannot so anything to him.
U can email me francis.santamaria76@gmail.com or what's app me 8087897979 please suggest me.
Thank u

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Quick Summary

This discussion revolves around a New Zealand citizen who allegedly used a fraudulent ration card copy to apply for an Aadhaar card in India. Despite complaints to various authorities, including the Prime Minister's office, no significant action has been taken. The complexities of inter-departmental jurisdiction and the RTI Act's third-party clause are highlighted, with suggestions for filing a criminal complaint or a Public Interest Litigation (PIL) to address the alleged fraud.

Raj Kumar Makkad (Expert) 18 February 2020
File a criminal complaint before the local court in whose area such forging of document has been committed by he mentioned person. An application under section 156 (3) Criminal Procedure Code whould also be annexed with the said complaint praying te direction to the local police to lodge FIR and take legal action against the accused.

Sudhir Kumar, Advocate (Expert) 18 February 2020
The things are not so clear.

Sudhir Kumar, Advocate (Expert) 18 February 2020
he came and used his Xerox copy of his ration card and applied for Adhar card.

WHAT WAS ACTUALLY THE CRIME
DID THE RATION CARD NOT BELONG TO HIM?
WHETHER IT WAS CANCELLED?

Sudhir Kumar, Advocate (Expert) 18 February 2020
I gave several complaint to the Adhar card authority in Mumbai they said that they have taken the action so I applied through right to information what action has been taken they said that they cannot give information it's third party.

3RD PARTY CLAUSE CAN BE EXERCISED AFTER FOLLOWING THE PROCEDURE LADI DOWN IN SECTION 11 REPRODECUED AS UNDER :-

(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:

Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.

(2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.

(3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.

(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

PLEASE SEE AND COMMENT IF THIS PROCEDURE HAS BEEN FOLLOWED BY THEM

Sudhir Kumar, Advocate (Expert) 18 February 2020
Then I gave complain to the FDO and they say that the ration card was not cancelled they said it was the immigration and visa department who need to to surrender and cancel the government documents which they have not done, the FDO said that we can only cancel his ration card we cannot take action on him,

THEY SEEM TO BE CORRECT.

Sudhir Kumar, Advocate (Expert) 18 February 2020
I informed them that he fraudulently misrepresented and fooled the government indirectly he cheated the government for which he needs to be punished,

RATION DEPTT CANNOT HAVE ANYTHING TO DO IF ANY MISREPRESENTATION IS DONE ON THE BASIS OF THE DOCUMENT LAWFULLY ISSUED BY THEM.

Sudhir Kumar, Advocate (Expert) 18 February 2020
I told them can I go to new Zealand and make my green card immediately there are some rules to follow.

HOW ARE THEY (RATION DEPTT ) CONCERNED

Sudhir Kumar, Advocate (Expert) 18 February 2020
Complain to the prime minister and president are also made but still no action is taken. Letter to the immigration department and external affairs minister are also made.

BHOLE BHAI THESE COMPLAINTS ULTIMATELY LAND UP AT THE TABLE OF THE DEALING CLERK WHO IGNORED YOUR EARLIEST COMPLAINT

HAVE TO GIVEN ANY COMPLAINT ON-LINE AT CPGRAM PORTAL OF PMO

Sudhir Kumar, Advocate (Expert) 18 February 2020

Forging documents is not a crime Fooling or cheating the government is not a crime

GIVEN FACTS DO NOW SHOW ANY FORGARY SO FAR. IT CAN BE A CASE OF CHEATING.

Sudhir Kumar, Advocate (Expert) 18 February 2020
To make Adhar card also a foreigner needs to be in India for at least 6 mths which he didn't do so. Is it a small crime.

PLEASE SPECIFY THE EXCT ORDER UNDER WHICH HE IS REQAUIRED TO BE FOR 6 MONHTS

THEN ALLEGE THAT HE WAS NOT THERE FOR 6 MONTHS
THEN ALLEGE THAT HE MISREPRESENTED BEFORE PUBLIC BODY.

Sudhir Kumar, Advocate (Expert) 18 February 2020
You can elaborate fi any more facts are there.

Raj Kumar Makkad (Expert) 18 February 2020
The High Court of Delhi in this recent case has primarily ruled that Section 11 of the RTI Act cannot be read as a provision proscribing disclosure of information and that all information as available with the public authority is required to be provided to the citizen unless it is exempt from disclosure under Section 8 of the RTI Act.

Raj Kumar Makkad (Expert) 18 February 2020
A financial penalty for the overstay in India is minimum 500 Us Dollars including the punishment so a written complaint on that ground can also be made to Ministry of External Affiars and Home Affairs.

Raj Kumar Makkad (Expert) 18 February 2020
By the way, what is your locus standi to make huge complaints against such person and even being ready to initiate action by visiting New Zealand against this person?

Dr J C Vashista (Expert) 19 February 2020
Very well explained and advised by experts Mr. Raj Kumar Makkad and Mr. Sudhir Kumar.
However, you did not disclose your locus standi and concern about the question.
You can move in Public Interest Litigation through a local lawyer if you have sufficient data on the subject.
It is advisable to consult and engage a local prudent lawyer to analyse the facts/ documents, professional guidance and necessary proceeding.

Sudhir Kumar, Advocate (Expert) 19 February 2020
I(t is for the Zealand Govt to reply whethe3r you can or cannot visit their country from prosecuting any such offense (if at all occurred) or you could do from India.

Raj Kumar Makkad (Expert) 19 February 2020
Otherwise also if the offence has been committed in India, why the Government of New Zealand shall initiate any action even if the author go there for making complaint.

P. Venu (Expert) 22 February 2020
Admittedly, the person's name was still in the ration card and on that basis, he has applied for the Aadhar Card. Has it been issued. If at all it has been issued, facts posted does not suggest that he has made any wrong/criminal use of it. Is this not a case of much ado about nothing?

T. Kalaiselvan, Advocate (Expert) 23 February 2020
If you do not want this fraudulent activity to continue then you collect the evidences and file a PIL before high court.
The concept of Public Interest Litigation (PIL) is in consonance with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. Before the 1980s, only the aggrieved party could approach the courts for justice. After the emergency era the high court reached out to the people, devising a means for any person of the public (or an NGO) to approach the court seeking legal remedy in cases where the public interest is at stake. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court. Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been taken up as PILs and heard.

In this PIL you can vent out your grievances citing this as an example of how fraudulent things are going unnoticed in India despite very severe and hard laws prevailing to curb such fraudulent activities.

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