Subash demands USD 10m from BA

Shweta Deshmukh reports from Mumbai
Indian businessman, Subash Kochhar has claimed for USS 10 millions to be paid to him as compensation by British Airways, the U.K. and Canadian Governments, for illegally detaining him at London’s Heathrow Airport and subjecting him to public ridicule on unsubstantiated charges that he was traveling on a forged and fake passport. “It was racialism at its worst!”, emoted Kochhar.

When Subash Kochhar (61), entrepreneur from Pune, owning three sprawling bungalows, and several acres of prime land in the city and its outskirts, and his wife, Navilla, boarded British Airways Flight No. 0138 for London on March 14, they could never have imagined, in their wildest nightmares, the humiliation, physical and mental agonies which lay in store for them later that day. They were to take the connecting flight to Toronto (Canada). Their four bags had been checked into the hold of the ‘plane at Mumbai, right on through to their final destination. The Kochhars wanted to be at the side of their elder daughter, who lived in Toronto, when she delivered their first grand-child, which was scheduled for March 18.

The Canadian Immigration Officer (IO) at the Heathrow Airport (London) apprehended and detained Kochhar for traveling on a forged Passport!

Notably, the Canadian Embassy at Delhi had issued visas to the Kochhars, after thorough scrutiny of all documents, including their Passports, on March 7.

“A male white Caucasian, from Canadian Immigration examined our boarding passes along with our Passports, when were in the queue to board British Airways flight No: 0038 to Toronto. I was shocked beyond words and belief, when without assigning any reason whatsoever, this white male from the Canadian Government, abruptly told me in a harsh voice that I would not be permitted to continue with the onward journey to Toronto, although my wife could do so. I asked this bullying white male officer as to why I was being singled out and traumatized, when all other passengers especially those with white skins, were treated with great courtesy and allowed to board the air craft with only a cursory glance, at best, at their travel documents. The Officer told me that my Passport was obviously forged, as the paper quality used in its making was sub-standard. He said I would be interrogated and action would be taken against me, which might include deportation back to India or even imprisonment. “, Kochhar lamented in his complaint dated April 25 to Her Majesty’s Government, through the Prime Minister, Mr. Tony Blair, the Government of Canada, through its P.M. Mr. Stephen Harper, and British Airways, through its CEO Willie Walsh, which was served on them through his Counsel Amit Kumar Bhowmik.

Navilla had no option but to continue on to Toronto on her own. Kochhar was then handed over to the I.O. (U.K) (Warrant No. 7731). He was told bluntly that he was to be detained and deported back to India. Kochhar, who has had two heart attacks, was made to sit on a bench at the Immigration Office for about three hours feeling “like a felon and terrorist, with everyone glaring at me.” The precarious condition of his health cut no ice with his interrogators. They were indifferent and unconcerned. The IO (UK), who, like his Canadian counter-part, refused to divulge his name, warned him not to move from his seat. Otherwise, he would arrest and put in jail.

Hours later, the IO (KK) returned Kochhar was astounded when his purportedly “fake” Passport was returned to him, along with a UK Visa (No FXF 21503) up to March 21, stamped on it., For gratis. He was instructed to get a clearance as to the authenticity or otherwise, of his purportedly forged Passport from the Indian High Commissioner. With this command, he was left to wander off on his own, unescorted.

With very limited foreign exchange with him; in an alien and hostile city, Kochhar managed to somehow reach the Indian High Commission. But, by then, the office was closed. Clad only in a thin cotton shirt and trousers, he spent a cold night nearby. In the fracas, Navilla had not taken with her, her air ticket and the baggage passes, which were with Kochhar. She had with her is daily medication. Navilla had a great deal of more trouble when she landed in Toronto.

The next day, Kochhar met Sojan Paul, Asst. Consular-in-charge of the Indian High Commission, who certified that his Passport was indeed genuine. He rushed back to Heathrow and met the IO (UK), to whom he handed the clearance. When Kochhar was once again taken for interrogation, he warned the I.O (UK) that he had sought legal opinion. He would sue the Governments of Canada and the U.K., as well as British Airways and demand suitable compensation for the trauma caused to him and his wife, on account of such blatant racial prejudice. According to Kochhar, the I.O. (UK) candidly agreed that his Canadian counter-part had certainly trampled on Kochhar’s rights. But, contended that the British Government were in the clear and he, personally, would support any action against the Canadian Government and British Airways, Kochhar took.

In his complaint, running to 60 pages, with documents, including copies of the detention order, medical certificates, clearance from the Indian High Commission certifying that his Passport was authentic and not forged, exhibited there, Kochhar has averred that the harassment meted to him was deliberate and reeked of racial discrimination and prejudice. He pointed out:

“(i) Had the I.O (Canada) truly suspected that my Passport was forged and fabricated; that I was, possibly, a felon or a terrorist on the rampage, deserving invocation of the most stringent statutes under the National Security Act or any other such law of the country, should he not have taken away my baggage tags and ensured, even by way of abundant caution, that all my luggage loaded in the aircraft, be immediately removed and placed under surveillance, instead of allowing them to continue in the aircraft’s hold from London to Toronto ?

The I.O. (Canada) could easily have checked out as to the bona fides of my Passport with the Ministry of External Affairs in India, the Indian High Commission (UK) or even the Canadian Embassy at New Delhi, who had issued the Visas to my wife, younger daughter and I on the very same day i.e. March 7, 2007, after thorough scrutiny of all documents, including our Passports which were tendered to them.

By deeming that my wife’s Passport was authentic and genuine, while mine was suspect; a forgery and fabrication, because of the poor quality of the paper used in its making, it must call for an explanation from the Minister of External Affairs, Union Government of India, who must bear, personally, the responsibility of this ignominy.

The I.O. (Canada) ought not to have made me step out of the line and place me in his custody; subjecting me to such ridicule in so base a manner. Was this because I was black? An Asian? A Hindu? Born on September 11, in Quetta (Pakistan)? I fully appreciate the paranoia gripping the West, after the September 11 bombings of the World Trade Centre, twin towers in the USA. But this, you will certainly appreciate, is ridiculous! His bias’ be what they are, are without justification. He did not even inform me of the reason for which I was being singled out for this mindless persecution, recklessly trampling on my civil rights and my reputation, etc, super-confident in his conviction in white-supremacy!

The British Airway personnel simply abandoned us.

The I.O. (UK) also refused to assign any reason for my illegal and unlawful detention. He, nevertheless, told me very specifically that as my Passport was suspect; a forgery, I would be deported back to India. Or, I may even be held over in prison in the UK, if required. The I.O. (Canada) had handed over my Passport to him, which was in his possession.

Paradoxically, the IO (UK) handed back to me my alleged forged Passport, after having stamped a Visa to remain in the UK up to March 21, on it, for gratis. He told me to go to the Indian High Commission and get a certification as to its bona fides and return on or by March 21, 2007. I was released to wander around on my own, with just US $ 500 with me, by the IO (UK), with my allegedly forged passport on which he had stamped the definitely valid and genuine British Visa thereupon!

Had the passport been forged, the issuance of a Visa thereupon, would certainly make the IO (UK) an accessory after the fact! Alternatively, the IO (UK) was certain that my passport was genuine and, hence, issued the Visa. If so, why was I held in unlawful custody and detention?

Had my motives been oblique or to indulge in terrorist activities and the like, would I not have disappeared after the IO (UK) handed over a seven days visit Visa to the U.K. to me .Or stayed on for the entire seven days at the very least?

The I.O. (UK) even though fully aware that I was a heart patient and suffering from Trigeminal Neuralgia, nevertheless, kept me in wrongful confinement at the Immigration Office at Heathrow Airport London U.K. for several hours without food, water or even offering some warm clothing. He had the impudence to direct me to go to the Indian High Commission on my own, knowing that I was in an unfamiliar city and had very little money on me, to get a positive verification of my Passport, when he easily could have done it on the telephone or through his official channels.

All these above acts of commission and/or omission only go to show that both the I.Os of Canada and the UK were confident that my Passport was genuine. I was unlawfully detained, humiliated and harassed by them only to flex their muscles and show their control over me, a “foreigner”, an Asian - of a darker hue!

Kochhar has demanded an unconditional apology from the Governments of Canada and United Kingdom, as well as the British Airways. In addition, he has demanded that US $10 million to be paid to him as compensation for the illegal detention, wrongful confinement, infringement on his rights and humiliations his wife and he were forced to suffer.

Advocate Amit Bhowmik, in his letter of April 26, sent on Kochhar’s behalf, lambasted the Minister for External Affairs, Union Government of India, and “The responsibility of making and issuing passports at the behest of the President of India is that of the MEA. Thus, you will certainly agree that the persons entrusted for making these passports, procuring the raw material for such purpose, printing etc, must be held responsible and liable for Kochhar’s predicament and illegal detention because, according to the IO (Canada), his passport issued was made of inferior and sub-standard quality paper and appeared to be a fake.” He further charged that: “a scandal of mammoth proportions had shaken the very foundations of the Union Government as well as the State Governments of Maharashtra and Karnataka, in particular, vis-à-vis duplication of Stamp Paper, the stink of which continues to remain, despite strenuous efforts by the powers-that-be to try and fumigate it! It is hoped that it will not have touched the Passport manufacturing (?) activity also, although, even a Suo Moto investigation there into by yourself and/or the Central Bureau of Investigation, especially in view of questionable tactics deployed allegedly by some politicians sporting a saffron or other hues, reported in newspapers recently, would be in order.”

The recent arrest of Babubhai Katara, a Member of Parliament, from the right wing Bharatiya Janata Party (BJP) has opened a Pandora’s Box of the massive racket in human trafficking indulged in by rouge politicians. Under cover of’ diplomatic immunity’ because of their status as being MPs, men, women and even children, are ferried to Canada, Australia and elsewhere through forged Passports…. for a stiff fee, of course! The huge sums charged for this unholy service, is shared from, top to bottom of the political hierarchy.

http://www.weeklyblitz.net/index.php?subaction=showfull&id=1178699177&archive=&start_from=&ucat=2

I got my Indian passport in 1993 and I used it till 2003. Around 1997-98, the lamination on the passport (holding my photo) started to peel off. In 1998-1999 , It became so bad that the laminate came off the entire photo and signature portion. Though I had been afraid that the immigration would catch me at some point of time (since my passport was obtained legally, I was not afraid but only that i might be inconvenienced.) I was never caught. I had passed by Saudi, Malaysian, Singapore, Canadian Immigration but had no problems in passing through.
I would put the blame squarely on the quality of the Indian passport.
OTOH, They should have treated him more fairly but with the large quantity of illegal people passing through European immigration, I would certainly not blame the autorities from assuming that this honest guy was a culprit too.
I also think that all CD's against Illegal immigration should actually hail the immigration authorities (the fact that the person detained was inconveineced/ made to prove by himself that he was not guilty is totally wrong and I oppose that).
Cd's views welcome.
TK A

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I am a Gents and not a Ladies.

Have a Question -
What will you guys do if you know -
1. someone has come here with "Fake Marriage". Certificates and Everything is Legal - its just that Marriage is fake & planned to fall in about a right time.

2. someone is using his/her PR/Citizen Status to get some cheap money by bringing on fake marriage

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Mumbai Maazi Ladki ...

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Originally posted by tamilkuravan

, I would certainly not blame the autorities from assuming that this honest guy was a culprit too.
I also think that all CD's against Illegal immigration should actually hail the immigration authorities (the fact that the person detained was inconveineced/ made to prove by himself that he was not guilty is totally wrong and I oppose that).
Cd's views welcome.
TK A

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Originally posted by puttoo
Something is not right in this story ..... if true would love to see what the Immigration officer has to say.

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Originally posted by puttoo
Regarding your dilema Maharaj...... this might "guide" you to find the right answer. If you drive .... by mistake..... at a speed of 80 Kms in a 50 Kms zone ..... would you go to the cops & tell them you have voilated the speeding limit? Hope this helps.

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Mumbai Maazi Ladki ...

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Originally posted by Maharaj

Its not about me. Its not my Dilema - but just in general. Are we ready to Point to when we come across such people? Immigratoin/Air Port Authorities all have reasons to behave the way they do (They don't have license to Kill - but still ...). I have always seen people laughing out loud when they Muscle Past the System and use Loop Holes.

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