Archive for March, 2008

Hyderabad Police: No Arrests In 498A Cases Without DCP’s Permission – 2002

In 2002, Jt Comm Of Hyderabad’s Police, MV Krishna Rao, issued a standing order prohibiting arrests in 498A cases without the DCP’s permission. Despite this order issued a decade ago, thousands of Hyderabadis have been arrested since 2002. Though I heard about this order in 2006, I wasn’t able to get my hands on a copy till 2008. The Hyderabad police kept this order under warps as 498A is the single largest source of revenue for them. This standing order forbids the arrest of anyone accused in a 498A case without the written permission of the DCP. It was issued to all SHOs as well as the officers manning the Women’s Police Stations in Hyderabad. The order was never revoked as it follows the letter and spirit of the Indian Supreme Court Judgment, Joginder Kumar Vs State Of UP  – 1994.

Immediately after an arrest, a tidy sum is extorted from the accused through a negotiation to “settle the case”, as the accused are bewildered,  frightened, and can be coaxed into coughing up the cash.  If they are unable to pay and settle the case, they end up running around courts for years to come.

This is the reason an arrest must be prevented in 498A case. The circulars posted here will help in preventing arrests.

Unfortunately, arrests are continuing in 498A cases and women’s police stations are the ones, I believe, that are effecting the most arrests. It’s time to nail these morons who are ignoring these orders and committing gross violations of fundamental rights.

The order says:

The AP DGP also issued an order in 2008 prohibiting 498A cases in 2008.

Here is the pdf of the order of the Police Commissioner:

  1. Hyd Comm Of Police Memo Against Arbitrary Arrest (pdf)
  2. Click here for the jpg of the same order.
  3. Click here:  AP DGP’s Circular Ending 498A Arrests Across the State

The proof that these orders can be used to prevent arrests is given by a comment left by a visitor. See the note left by Kondaiah pasted below:

If you were arrested, please use the RTI template below to request a copy of the DCP’s order authorizing an arrest along with the supporting documentation listed in the MV Krishna Rao order. I am certain that it won’t exist.

If you are threatened with an arrest, then inform the cops that once you are released, you will file an RTI requesting the DCP’s authorization to arrest, along with the supporting documentation listed in the MV Krishna Rao order.

The AP Police are supposed to follow a process of investigation when 498A cases are filed. Click on the link below for the procedures they are supposed to follow:

Here’s more information on the AP DGP’s order. I got my hands on it fairly quickly. Here’s a  report about it in the Deccan Chronicle:

Hyderabad, Jan. 21: The director-general of police, Mr K. Aravinda Rao, on Friday issued a circular to all police stations in the state asking them to release those accused from police station itself in cases where the imprisonment is below seven years.

The circular was issued as part of implementing criminal procedure code. Several police stations in the city had already got the circular and are going through it. This is a major decision. Till now the police has been arresting and remanding the accused to court.

The decision is likely to cause unrest among lawyers as there will be less bail pleas. Till now, imprisonment up to three years was bailable at the police station. A case like rash and negligent act leading to road accidents, adultery, dowry harassment will be bailable at the police station without the accused being sent to jail.

Here is the AP DGP’s order ending arrests in 498A cases. Click on the image below to download the order in pdf:

Unfortunately, Hyderabad’s cops have found a way to circumvent this order. They are getting pliant magistrates to issue warrants for arrests in 498A cases. These warrants are illegal — as are automatic remands by magistrates. Read the post below for more info on the Powers of a magistrate to issue orders for arrests or remands:

Justice Regupathy, Chennai HC: Mechanical Judicial Remand Is ILLEGAL

Note: Though the CrPC amendments curtail the powers of the police to arrest, but they are not being followed by the police. Click on the post below:

Kerala Police Circular on CrPC Amendments

There’s more info below,  if you are interested, such as a circular from Delhi’s police commissioner, issued in 2007.

Delhi Police Commissioner: No 498A Arrests W/O Permission Of DCP

You can watch the NDTV coverage about the Delhi order with Swarup Sarkar’s Interview here

Both these orders quote from  Joginder Kumar Vs State Of  UP. You can read about the significance of this judgment here:

Magna Carta And Joginder Kumar Vs State Of UP

The CBI’s manuals on arrests also mention Joginder Kumar Vs State Of UP.  Here are the CBI’s manuals. I combined the relevant ones into a pdf:

Selected CBI Manuals on Procedures and Arrests

Here are some misc circulars (can’t remember why I uploaded them here):

Finally, to re-cap, here is a jpg of the MV Krishna Rao order:

No Arrest Without Permission Of DCP In 498A Cases - 2002

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A Gujarati Guide To Surviving IPC 498A

This is a translated, though slightly older version of the popular Guide To Surviving IPC 498A.

Download the pdf here:

A Gujarati Guide To Surviving IPC 498A (pdf)

All the supporting material in the form of judgments, etc, in English, are here:

The 498A Survival Kit

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A Tribute To Justice JL Sinha By A Former Law Minister

An excerpt:

“Greatness is not achieved by amassing wealth, or clamouring for higher offices but comes to a person for doing his work conscientiously and diligently with total integrity and objectivity. In the death of Justice Sinha, the country has lost one of its finest judges who has become immortal.”

Link to IE article:

 A Tribute To Justice JL Sinha By Former Law Minister Shanti Bhushan

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SurvivingInfedelity.Com

Here is the link to the site:

http://survivinginfidelity.com/

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SC – Police Or Courts Cannot Impound Passports

Here is the link to the judgment:

SC – Police Or Courts Cannot Impound Passports

Excerpts:

12. It may be mentioned that there is a difference between seizing of a document and impounding a document. A seizure is made at particular moment when a person or authority takes into his possession some property, which was earlier not in his possession. Thus, seizure is done at a particular moment of time. However, if after seizing of property or document the said property or document is retained foursome period of time, then such retention amounts to impounding of the property/or document. In the Law Lexicon by P. Ra m a n a th a Aiyar (2 nd Edition), the word “impound” has been defined to mean “to take possession of a document or thing for being held in custody in accordance with law”.
Thus, the word “impounding” really means retention of possession of a good or a document, which has been seized.
13. Hence, while the police may have power to seize a passport under Section 102 Cr. P.C. if it is permissible within the authority given under Section 1 0 2 of Cr.P .C., it does not have power to retain or impound the same, because that can only be done by the passport authority under Section 1 0( 3) of the P a s sports Act. Hence, if the police seizes a passport (which it has power to do under Section 1 0 2 Cr.P .C.), thereafter the police must send it along with a letter to the passport authority clearly stating that the seized passport deserves to be impounded for one of the reasons mentioned in Section 10(3) of the Act. It is thereafter the passport authority to decide whether to impound the passport or not. Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. It is well settled that any order which has civil consequences must be passed after giving opportunity of hearing to a party vide State of Orissa Vs. Binap ani Dei[Air 1967 SC 1269 ]

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RTI India – Right To Information.org

http://www.rtiindia.org/

The Sakshi Trust Guide To Filing An RTI (To Be Used As A Template/Example)

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Committee To Protect Bloggers

Here is the link to the committee to protect bloggers:

http://committeetoprotectbloggers.org

______________________________________________


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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