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


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


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



Here is the link to the site:


SC – Police Or Courts Cannot Impound Passports

Here is the link to the judgment:

SC – Police Or Courts Cannot Impound Passports


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 ]


RTI India – Right To

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


Committee To Protect Bloggers

Here is the link to the committee to protect bloggers:


Orkut In Cahoots With The Indian Police

Here is the link to the Indian Express News article:

Mumbai Police tie up with Orkut to nail offenders

An Excerpt:

Anti-Shivaji forums or anti-Ambedkar postings or “hate India” campaigns on Google’s social networking site, Orkut, have been confounding authorities for quite some time now. Other than blocking the objectionable forums, the Mumbai Police could do little, except wait for the next one to pop up on the web, say, a “fan club” of wanted underworld dons. The Mumbai Police is finally equipped to track down such offenders and bring them to book. A single e-mail between the DCP in charge of the Enforcement Branch and the California-based company will now nail such persons. Following a meeting between representatives of the site and the Enforcement Directorate last month, the Mumbai Police and Orkut have entered into an agreement to seal such cooperation in matters of objectionable material on the web.

Fantastic !! Except the Indian police have lived up to their reputation for being hare-brained, corrupt and torturous. To understand what I am saying, please read this story about Lakshmana Kailas, the Indian engineer who was arrested and tortured by the Indian police, who accused of him of defaming the long dead, but heroic Shivaji. Except, the police had the wrong guy.

Here is the picture of Lakshmana Kailas:

Here is the link to the story from TOI about his arrest:

Pune cops book Orkut user2 Sep 2007, PUNE:

A Bangalore-based computer engineer has landed in the police net after he allegedly uploaded a blasphemous matter about Maratha warrior king Chhatrapati Shivaji on the social networking site Orkut. The cyber cell of city police, investigating the crime for the last ten months on a complaint registered by BJP workers here last November, zeroed in on the IT professional Laxman Kailas K and arrested him in Bangalore yesterday, police said. The accused who was brought to Pune subsequently has been remanded to police custody by a court here. Cyber crime squad of the police traced Laxman by contacting Google office in Banglore and further investigations into the matter revealed his Internet Protocol Address(IP), giving the sleuths clues about his telephone number. After Pune police pointed out the aberration on part of Laxman to Google office, the matter which he posted on the website on October 29 last using his PC at home, was removed.

Here is the link to his complete story from TOI:

MUMBAI: In the early hours of August 31, Lakshmana Kailash K was asleep at his home in Bangalore. He was woken up by eight policemen from Pune who came knocking on his door and waved the Information Technology Act, 2000, in his sleepy, terrified face. Get dressed, he was told, we are taking you to Pune for having defamed Shivaji. Lakshmana protested that he didn’t know anyone called Shivaji. The policemen said that they were talking about Chhatrapati Shivaji and that an insulting picture of him had been uploaded on the Internet networking site, Orkut. The trail had led them to his computer in Bangalore. Turning a deaf ear to his protests, the cops took him to Pune and put him behind bars. Along the way, the 26-year-old Lakshmana, who works with HCL, learned that what he was being arrested for was a case that had triggered riots in Pune in November 2006. Political parties had forcibly closed cybercafes and gone on a rampage over the posting of the illustration which had poked fun at Shivaji. Lakshmana was released after spending 50 days in jail, three weeks after the cops claimed to have nabbed the “real culprits”.

More links to this unfortunate story:


Sex Tourism In Goa: What Are The NCW And WCD Doing ?

Normally I restrict my posts to the Indian Criminal Justice system and 498A related issues. But the fact that paedophiles have found a haven in my country enrages me. Trafficking in women and children is a great threat to the well being of women and children in India. By not taking stringent action to put an end to this menace, the state is complicit in the exploitation of these innocents.

ECPAT and UNICEF estimate that approximately 4 to 5 lakhs women and children are traficked into prostitution in India annually.

It is a disgrace that govt agencies such as the National Commission For Women (NCW) and NGOs like CSR are doing nothing about this issue. These agencies and the Ministry of WCD get millions of rupees annually in funding from the government of India.

On the flip side, one has to remember that these agencies are very much a part of an establishment that adheres to the philosophy of symbolism over substance, which directly translates to the fact that fighting a dirty battle like sex slavery and trafficking of women and children is not a profitable or “sexy” headline grabbing venture, like the Pooja Chauhan episode.

One also needs to look at the fact that the women and children who are trafficked are from poverty stricken backgrounds and we live in a system where it is profitable to exploit the misery of the millions than to alleviate their suffering. After all, poverty is the worst form of violence that can be inflicted on an individual, at least, that is what Gandhiji believed.

Here is an judgment which is based on a situation that backs up my assertion. Policemen and politicians sexually exploited a poor and underage girl. The SC canceled their Anticipatory Bail granted by the High Court.

I just need to remind you, again about Nithari and the Pooja Chauhan episode to back up my assertion.

Googling has revealed that pedophilia in Goa has been highlighted as an issue since a decade.

The link to the Tehelka article is here: Sin In Paradise

A pdf of the article is here if the link goes dead: Sin In Paradise : Sex Tourism In Goa

(I created the pdf so that it is easy for the reader to print and disseminate. Full credit and all copyrights belong to Tehelka)

Here are some excerpts from the expose by Tehelka from 2004:

  • The report goes on to reveal that “it is apparent that there are large numbers of children entering Goa from other states. The nomadic Lamani tribe from Karnataka has a large floating population which enters Goa during the tourist season. Numbers vary but the tourist industry generally agrees that there are between 15,000 and 20,000 in the season. A large proportion of this group consists of children under the age of 14. They are easy targets for paedophiles since they are, emotionally needy and materially deprived.” Goa’s Tourism Director N. Suryanarayana, in the course of Tehelka’s undercover operation, affirmed Wood’s assessment. He told a Tehelka reporter, who posed as a social science researcher from an American university, that the government estimates that 40,000 migrant children are vulnerable to sexual exploitation. Superintendent of Police Inder Dev Shukla also revealed that the police knows that migrant children are exploited by pederasts.
  • The investigation reveals an interesting trafficking dimension to Goa’s sex tourism. “Disturbingly, there is a huge increase in the amount of young girls travelling into Goa from Andhra Pradesh (ap). There are two trains per week arriving in Vasco (Goa’s main railhead) from ap. At the beginning of the tourist season, there are approximately 50 girls (aged between 13 and 17), arriving on these trains each week”.
  • Throughout the 1990s there were enough warning signs, but successive governments ignored them. It’s been almost a decade since Interpol declared Goa as the upcoming paedophile destination. In fact, six years ago the then British Foreign Secretary Robin Cook had warned at the second Asia-Europe (aesem ii) meeting in London that Goa is one of three areas in the world “worst hit by the evils of child sex tourism.”
  • This year’s annual ‘Trafficking in Persons Report’ of the us State Department categorically asserts that India is a source and destination for children trafficked for sexual and labour exploitation. The report also says “India is a growing destination for sex tourists from Europe, the us and other Western countries.”
  • This exposé is finally about failures of governance. According to the Goa Children’s Act, 2003, “The state shall ensure that the children and the young are protected against exploitation and that they are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity. Childhood and youth shall be protected against exploitation and against moral and material abandonment.” But the Goan government has failed to protect the children. It is also a failure of governance and administration at the federal level. It’s a national issue and must be dealt with seriously. All it takes for a foreigner to declare himself an ‘Indian inhabitant’ is a sworn affidavit on a Rs 20 stamp paper. This exposé is about the nexus of silence — of the fleet footed machinations that bind the police, the judicial officers and the immigration officials in one encompassing web of corruption. The government has only to launch a full-scale investigation and protect children from being exploited.

More articles and information are listed below:


SC-Maintenance From Parents In Law Cannot Be Claimed By DIL – 2008

Here is the judgment: SC-Maintenance Cannot Be Claimed By DIL – 2008

Parents-in-law can’t be forced to maintain daughter-in-law:

The Supreme Court has ruled that a woman, if neglected by her husband, cannot eye her mother-in-law’s property for getting maintenance. Maintenance of a married woman is her husband’s personal obligation and the property in her mother-in-law’s name can never be the subject matter of the obligation to maintain a daughter-in-law even after the death of her husband, said a Bench comprising Justices S B Sinha and V S Sirpurkar. A woman lawyer, who had filed several cases against her parents-in-law in Chincholi, Karnataka, had even taken recourse to litigation to see that their property was auctioned for getting the maintenance she was entitled to from their son. Disapproving the extra-legal arguments taken by her and deprecating the trial court and the Karnataka High Court overstretching the law as well as their jurisdiction to go by her pleadings, the Bench said a woman could seek attachment of properties only if her husband had a share in it. This means, if the parents-inlaw’s properties were self-acquired and not inherited, then their daughter-in-law could institute suits seeking attachment of those properties which stood in the name of her husband and not against those owned by his parents. Referring to the plea of the daughter-in-law, Sonalben, the Bench said she might be entitled to maintenance from her husband and the decree in her suit could only be against his properties. “The decree, if any, must be executed against her husband and only his properties could be attached for that but not of her mother-in-law,” said Justice Sinha, writing the judgment for theBench. Referring to the HC order, which was challenged by mother-in-law Vimlaben, the apex court said it suffered from “total non-application of mind” and was “wholly unsustainable”.”

The said orders might have been passed only on consideration that Sonalben is a harassed lady, but the fact that Vimlaben is also a much harassed lady was lost sight of (by the HC),” the Bench said. Directing release of the attached properties to Vimlaben, the court directed Sonalben to give Rs 50,000 to her mother-in-law as cost of litigation.


AP HC Acknowledges The Abuse Of 498A – 2007

Here is a great judgement from Justice Swaroop Reddy Of the AP HC. He basically acknowledges the abuse of 498A going on in the country and in the state.

Here are some excerpts:

  • 8. Before parting with the petition, I feel it desirable to observe that there is rampant misuse of S.498-A IPC. False complaints are given against kith-and-kin of the husband, including the married sisters and their husbands;unmarried sisters and brothers and married brothers and their wives. There are instances where even young children, aged below ten years, were also implicated in the offences of this nature. My experience, while sitting in matrimonial Bench revealed that several families are ruined; marriages have been irretrievably broken down and chances of reconciliation of spouses have been spoiled on account of unnecessary complaints and the consequent arrest and remand of the husbands and their kith-and-kin. To discourage this unhealthy practice, it is desirable that anticipatory bail is granted very liberally in all cases of S.498-A IPC, particularly when the petitioner/accused is not the husband of the complainant and when the allegations are not very specific and prima facie do not inspire confidence.
  • 9. Section 498-A IPC is incorporated by the Legislature basically in the interest of women and to safe guard them from harassment. But, it has become somewhat counter productive. In several cases, women are harassed, arrested and humiliated on the complaints given under section 498-A IPC. The truth or otherwise of the allegations is subject to proof. For giving complaint absolutely no authentic and prima facie material like medical evidence is required, but on such complaints, in several cases, number of women are being arrested. In cases of arrest of married young women, they might face problems from their husbands and in-laws; in case unmarried women are arrested their marriage prospects would be badly affected and if government servants are arrested their service prospects are affected. In the present case, only one woman is the alleged victim; but at least four women might have to go to jail even before trial, effecting their reputation, subjecting them to rude treatment at Police Station etc.
  • 10.Only in cases where, strong and authentic evidence like letters written by the accused-husband to the spouses or their parents etc., are available and where there is sufferance of serious injuries or death of the victim only, perhaps, it is desirable to refuse anticipatory bail, that, too, for the accused-husband. Another important aspect is in this type of cases; there is no chance of witnesses turning hostile or being influenced by the accused, as the witnesses would invariably be the kith-and-kin of the alleged victim like herself and her parents etc.These aspects have to be kept in view, while dealing with the cases of anticipatory bail/bail in cases of offences involving section 498-A IPC.

Here is the judgment:  AP HC Acknowledges The Abuse Of 498A


The Judge’s Take On Heather Mills- A Potential 498A Wife

A gold digger just struck gold. If this had been India this famous Beatle would have faced a 498A but would have avoided an arrest and the case would have been quashed or hushed up (498A doesn’t apply to the rich and famous). Since this was England, he found himslef in a familiar predicament, having to pay up for committing the blunder of getting married to a gold digger, just like any of us who ended up with 498A wives.

This gold digger walked away with a whopping $49 millionUS. Here are some excerpts from the judgment:

  • Judge Bennett: “The husband’s evidence was, in my judgment, balanced. He expressed himself moderately, though at times with justifiable irritation, if not anger. He was consistent, accurate and honest.”
  • Judge Bennett: “Much of her evidence, both written and oral, was not just inconsistent and inaccurate, but also less than candid”.
  • Judge Bennett: “The wife for her part must have felt rather swept off her feet by a man as famous as the husband. I think this may well have warped her perception leading her to indulge in make-believe. The objective facts simply do not support her case.”
  • Judge Bennett’s conclusion: that Mills’ “association with the husband advanced, not stultified, her career.”

Judge Bennett considered Mills “her own worst enemy”, given to “distinctly distasteful” behaviour and a “me-too” attitude based on a greedy belief she was entitled to an equal share of all the worldly riches of the multi-millionaire pop star.

The judge described her claim to roughly £ 3.25m a year as “unreasonable, indeed exorbitant”. The judgment scathingly derides Mills’s claim she played a key role in professionally rehabilitating her pop-star husband.

Here is the judgment: Heather Mills Judgment

Here is the link to the article:,8816,1723254,00.html

Check out the expression of this gold digger as she walks away with close to $50 million.


SC Clarifies Sections 406 And 498A – 2007


  • According to Section 406 I.P.C., the offence of criminal breach of trust is committed when a person who is entrusted in any manner with the property or with any dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or wilfully suffers any other person so to do. Thus in the commission of the offence of criminal breach of trust, two distinct parts are involved. The first consists of the creation of an obligation in relation to the property over which dominion or control is acquired by the accused. The second is a misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created. (See: The Superintendent & remembrancer of Legal Affairs, West Bengal Vs. S.K. Roy )
  • We are convinced that the allegation of misbehaviour on the part of appellant Nos.1 and 2 and the demand of Rs. 50,000/- and V.C.R. by them made by the complainant in her subsequent statement, dated 4.4.1995, was an after thought and not bona fide. Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives. Having carefully glanced through the complaint, the F.I.R. and the charge-sheet, we find that charge under Section 498A I.P.C. is not brought home insofar as appellant Nos. 1 and 2 are concerned.

Here is the judgment: SC Clarifies 406 And 498A-2007


Justice Dhingra Explains Double Jeopardy-Sept 2007

This is not related to 498A, but of late, these brides from hell have been attempting to pursue their hapless hubbies to the ends of the earth by abusing the process of criminal justice. This judgment explains double jeopardy.

Here is the judgment:  Justice Dhingra Explains Double Jeopardy (21.9.2007)


Videoconferencing In Children’S Custody Case

Here is the link: Videoconferencing In Children’S Custody Case


US Dept Of State Description Of Indian Criminal Justice System Penalties

Here is the link:
Here is the pdf: US Dept Of State Description Of Indian Criminal Justice System

Here is the text:

CRIMINAL PENALTIES: While in a foreign country, a U.S. citizen is subject to that country’s laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. Persons violating Indian laws, even unknowingly, may be expelled, arrested or imprisoned. For example, certain comments or gestures towards women or about religion that are legal in the United States may be considered a criminal violation in India, subjecting the accused to possible fines or imprisonment. Furthermore, since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes. At the very least, such circumstances can delay the U.S. citizen’s timely departure from India, and may result in an unintended long-term stay in the country. Penalties for possession, use, or trafficking in illegal drugs in India are severe, and convicted offenders can expect long jail sentences and heavy fines. Engaging in sexual conduct with children or using or disseminating child pornography in India is a crime, and is prosecutable in the United States. Please see our information on Criminal Penalties.


Women From Mumbai Top List Of Divorcees!!

Women in city top list of divorcees
18 Mar 2008, 0131 hrs IST

DELHI/MUMBAI: Women from Mumbai top the list of divorcees across the country in the age group of 15 to 49, according to a government survey. “In Mumbai, 0.4% of women opted for a divorce in 2005-06. The figure for Delhi and Chennai was 0.2% and 0.1% for Kolkata,” women and child development minister Renuka Chowdhary told the Rajya Sabha on Monday, citing the National Family Health Survey.

Lawyers in Mumbai said divorce cases had soared in the last few years and the bulk of those approaching the family court were in their late-20s and mid-30s. Increasingly, many couples are going in for a mutual consent divorce but a majority of the petitions are still filed on grounds of cruelty.


India Today Article From 1998 On 498A

Here is the link
Here is the pdf if the link is dead: India Today Article From 1998 On 498A


Anatomy Of A Search Engine

You can understand a little of how Google works from this doc.

Here it is: The Anatomy of a Search Engine

You can download the same from the original site:

The Anatomy of a Search Engine


Justice Dhingra Orders A CBI Inquiry Into The Conduct Of Some Corrupt Delhi Cops

Here is the news coverage. This judgment has a significant importance to me as the cops and the bastard of a magistrate pulled a similar stunt with my family.

High Court directs CBI to inquire into Delhi Police conduct Monday, February 25, 2008 :

Taking exception to the manner in which the Delhi police is handling petty cases and pushing the innocent behind bars, Delhi High Courthas directed the Central CBI to inquire into the conduct of the police in this matter. Justice S N Dhingra directed the Delhi Government to pay a compensation of Rs 25,000 each to two people who were confined illegally in police custody, for petty offences just because the police official wanted to settle scores with them. The incident related to one Sanjeev Kumar Singh and his friend, who were picked up by the Delhi police on February 4, 2007, at Samaypur Badali police station. They were apprehended by the police under Section 107/151, CrPC on the charge of abusing, threatening and quarrelling with each other. They were produced before ACP J S Vaid, who was working as Special Executive Magistrate (SEM) on February 4. The SEM sent them to Judicial Custody (JC) till February 17. Though they were asked to furnish a surety of Rs 5000 each, the record showed that the bail bond was accepted by furnishing a surety of Rs 15000 from each. In his petition, Sanjeev Kumar had alleged that the police officials had not only incorporated these sections to illegally detain and harass them, but have also encroached upon their fundamental right. They were friends but the police wanted to settle scores with them and booked them illegally. Justice Dhingra observed the case showed high-handedness of the police and the SEM concerned. The petitioner was kept in illegal confinement because of the SEM’s illegal action of not accepting the bail bond on the same day. The court directed the CBI to investigate the matter and submit its report to the Metropilitan Magistrate concerned within 120 days.


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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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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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March 2008
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