Folks,
if you remember, YS (Yudhbir Singh) Dadwal was appointed as the commissioner of Police, Delhi, amid a controversy. Kiran Bedi felt that she deserved to be the DP Commissioner and raised a ruckus about it. The establishment quietly allowed her reputation to be shredded in the media through well placed op-eds and then had the Union Home Minister call her in for a candid talk, and closed the matter.
Here is a photograph of Commissioner Dadwal:
I wondered who YS Dadwal was, but had stated that this establishment needs capable officers in key posts in order to continue their ventures without the distractions of issues with Law and Order etc. I was right about this and what came as a pleasant surprise to me is that, after the assumption of office, Commissioner Dadwal publicly stated that he wouldn’t allow the police to be used as instruments of revenge, especially in 498A cases.
This enlightened officer has followed up on his words with actions and has issued standing orders to the effect that no one is to be arrested in 498A cases without the permission of the DCP.
Here is the order in pdf format:
Delhi Police Comm YS Dadwal: No 498A Arrests Without Approval Of DCP
Here is another order from the Delhi police enforcing Justice Dhingra’s Smt Neera Singh Judgment:
Delhi HC Instructions Regarding Dowry (498A) cases
What is the impact of Commissioner Dadwal’s order ? In Delhi, this order:
- Eliminates the need for Anticipatory bail
- Ensures the 498A can no longer be used to jail entire families and extort money.
- Eliminates the police as a factor in this extortion racket.
- Takes away the power to arrest from the morons who infest the Indian criminal justice system. These morons range from the goons in uniform to corrupt lower court magistrates.
- The lawyers will see a huge source of revenue dry up in the form of the elimination for the need for Anticipatory bail and defense in 498A cases.
- The Delhi courts will see a drop in the number of cases getting into the filthy sewer known as the Indian Criminal Justice System.
- The number of final reports filed in Delhi will go up. Read this to know what a final report is: The 498A Final Report Of Film Actor Prashanth
- Commissioner Dadwal can now focus the energies of the Delhi police force on real issues, such as rapes, traficking of women, terrorist attacks and real crimes, instead of allowing goons in uniform to capture middle aged women and grandmothers in their home in the early morning or the start of the weekend, all in the name of “protecting women”.
This order is in line with the order issued by the AP Police Commissioner, MV Krishna Rao, in 2002. You can read about that order here:
Hyderabad Police: No Arrest In 498A Cases Without Permission Of DCP - 2002
All these orders are based on the Supreme Court Judgment of Joginder Kumar Vs State of UP. You can read about the importance and the rationale behind this judgment here:
Habeas Corpus, Magna Carta And Joginder Kumar Vs State Of UP
That brings me back to Justice Shiv Narain Dhingra, who undoubtedly ranks amongst the greatest judges of India. It was he, who said (Crl. Appeal No. 696/2004, 01.Nov.2007):
“In all these cases in the name of investigation, except recording statement of complainant and her few relatives nothing is done by police. The police do not verify any circumstantial evidence nor collect any other evidence about the claims made by the complainant. No evidence about giving of dowry or resources of the complainant’s family claiming spending of huge amounts is collected by the police. This all is resulting into gross misuse of the provisions of law.”
You can download this judgment from here: Justice Dhingra (Crl. Appeal No. 696/2004, 01.Nov.2007)
It is this excerpt that Commissioner Dadwal quotes in his order.
Personally, I feel a sense of satisfaction as I had quoted the same excerpt in the last chapter of The Guide To Surviving IPC 498A.
Soon, I will have a post that collects all these standing orders in one place.
This is it. For all you folks from Delhi, this signals the end of the extortion racket known as section 498A. For the rest of you in this country, use this to nail the cops who showed up/show up at your door to effect an illegal arrest. We have turned the corner in this fight against this extortion racket known as 498A and against the practitioners of pussy politics, aka, The Feminazis of India.
Update: Aug/16/08
This order has been overshadowed by:
The Justice Kailash Gambhir (Delhi HC) Guidelines On 498A Cases
Next steps:
- Use this to pressure other states to issue similar standing orders for the police to comply with the Joginder Kumar Vs UP judgment.
- Set a target date to eliminate 498A as an extortion racket and make it bailable and non-compoundable across the country.
- File compensation for illegal detention against police officers who violated the Joginder Kumar arrest guidelines. If 20 people per state do this, this will break the budgets of the states for law and order and cause the scum in uniform to think twice before entering our homes to terrorize our families to extort large sums of money under the pretext of women protection laws.
- Prepare to force an amendment to the DV Act to sanitize it and make it gender neural and implementable. This will be the next evil to overcome and give Indira Jaising more reasons to moan about
.
____________________________________
We are slowly unearthing similar circulars from other states and will move on to the next step of enforcing them on police by sustained RTI cmapiagns which will ask compliance reports with respect to these circulars every 6 months from all police stations of a state(we will start with cities of Mumbai, Delhi, Hyderabad and Pune).
Constitution of India Article 142 Says:-
Enforcement of decrees and orders of Supreme Court
and orders as to discovery, etc.
(1) The Supreme Court in the exercise of its jurisdiction may pass such decree
or make such order as is necessary for doing complete justice in any cause
or matter pending before it, and any decree so passed or order so made shall
be enforceable throughout the territory of India in such manner as may be
prescribed by or under any law made by Parliament and, until provision in that
behalf is so made, in such manner as the President may by order prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the
Supreme Court shall, as respects the whole of the territory of India, have all and
every power to make any order for the purpose of securing the attendance of any
person,the discovery or production of any documents, or the investigation or
punishment of any contempt of itself.
The circular No. 330/2007 dated 08/11/2007 Issued by commissioner of police Delhi
says that :-
“The Supreme Court of India also directed that failure to comply with the said requirements,
shall apart from rendering the concerned official, liable for departmental action, also render
him liable to be punished for contempt of court and proceedings for contempt of court may
be instituted in any high court of the country having Territorial jurisdiction over the matter.
These instructions are to be notified at every police station at a conspicuous place.”
IN VIEW OF ABOVE FACTS A DEMAND MUST BE MADE FROM EVERY
COMMISSIONER OF POLICE IN EVERY STATE TO ISSUE SIMILAR
CIRCULAR AND GUIDE LINES IMMEDIATELY, FAILING WHICH THE
MATTER MUST BE REPORTED TO SUPREME COURT
FOR CONTEMPT
Nearly 150000 cases of contempt of Supreme court are performed anually by the Indian Police across the country in the name of 498a. If only a fraction of those illegally detained by the police choose to file the contempt of Supreme Court case against the concerned police officers, the rest of the police machinery would think twice before terrorizing those aged grand mothers and pregnant sisters in the name of Dowry harassment laws.
Kudos to this blogger for bringing home this knowledge!
Now that the citizens are aware of their rights, Police should become more respectful of those rights. In fact, it is the sworn responsibility of the same very police to protect those rights of the citizenry!!
who ever posted the entry on the blog. Can we get such circulars by using RTI. We want to show to the police.
We want to say that this document we got it by RTI
THE MEN TORTURED IN THE HANDS OF WOMEN/WIFE
NOWADAYS men are tortured in the hands of women by misusing newly formulated laws specially designed only for women. The law makers fully forgetting the constitutions article 14 which says all men and woman are equal before law or say equality before law. This article 14 giving equal strength to man and woman but formulating new law for women so for no law formulated by the law makers for men. Why?
A fine case of one Mr. Rathinasabapathy who was married with Rajeswari of Howrah at Pondicherry on 4th June 2003 started their life initially at Pondicherry latter after five months shifted to Bangalore where he was employed. The husband arranged job for his wife and he had given her all possible freedom which include to visit her parental house, to wear the dresses she feel convenient. But his all these freedoms and love showered towards the wife resulted in one fine day with hand cuffs of iron. Do you believe? YES THIS IS A TRUE STORY. The husband who once tried his best to keep his wife happy meted the cruelty by the same women. The husband arranged all physical mental pleasures for his wife but not fulfilled one demand which is affecting his parents, unmarried brother and sister. The wife demand for separate dwelling that too in such a place the language of which is a strange thing to the husband and leaving the old aged sick parents here all alone was not welcomed by the husband and which only resulted in iron hand cuffing like a herded criminal and lying in illegal custody for eight days.
The wife and her parents even not intimated him the child birth and somehow when he come to know the child birth he requested to send a snap of the child which was also not heard. For the new born the father send some gift which was also returned by the wife and her parents. Their cruelty reached at Himalayan peak when she lodged a complaint using the weapon of dowry and domestic violence act (DVA) and several other criminal section against husband and in-laws, the in-laws who never interfered her life. The question is if she really met cruelty by the hands of husband and his relatives why she had not opted to file a complaint in the jurisdiction police station which was only in walkable distance. She opted to file complaint in the Howrah police station and filed a divorce under section 13a and succeeded to get an expartee decree within 3 months of filing which is very impossible as per marriage law. The husband had not given time to file counter or for a counselling. When husband was attending for maintenance case and came out of the court he was arrested and handcuffed and remained in the custody for eight days and ninth day presented before the judicial magistrate and then kept one day in judicial custody and latter bailed out. The wife atlest shown curtsy by not opposing the anticipatory bail of in-laws.
The women how she forget the sweetness of togetherness, how she forget the sweet face of her husband which is now also in front of her in the form of child.
THE MEN WAS CRUSHED IN THE HANDS OF WOMEN. The men who is a M.Sc., M.Phil., earning sufficiently was now staring the sky with no hope for justice. His parents are weeping and sister, brother still in a stage of shock.
The reward paid by the wife to her husband is the only result of misusing of newly formulated laws. The court at Howrah which have no jurisdiction neither to try the suit for divorce nor for the criminal offence as the couple married at Pondicherry and last resided place at Bangalore, where both of them were employed and as such alleged offence held in Bangalore. So the decree which is passed by the Howrah Court is improper and the complaint also liable to be quashed. But these all will happen in future.
Wake and do something for men otherwise similar trouble tomorrow you also have to face. For this not only togetherness of men required but the togetherness of women also required.
Thanks,
M. Rathina Sabapathy
9894669932
sabapathy68@rediffmail.com
Pondicherry
A 35 yrs old woman (Ph.D in Pscychology), from Bangalore, had applied for immigration to Canada, Parents are not alive, so the brothers & their wives, arranged for a marriage through their relatives residing in Canada, with an American citizen (NRI), whose sister was residing in Canada in a big comfortable house. She was an extremely extremely short tempered, stuborn, tom boy type of a girl having many male friends in Bangalore, Canada, USA, & by internet all over the world. When she told this to the boy, before marriage, it implied that she was looking for a suitable boy for herself as her brothers including the younger one had got married & settled in separate houses, And she had to stay alone in a suburb near Bangalore alone in a house. After marriage She said that she gets posessed by ‘GINS” often. Then she said that she cannot leave the net work of her friends, as they gave her good company when she needed them & she is not interested in coming to USA. Often she would threaten that she can get gundaas, black magic, etc etc to punish people who dont listen to her. Poor decent innocent boy from USA was shocked but as a good guy thought of giving her a chance to become good.
Once she arrived in Canada, got costliest of thinkable gifts, got Ten thousand Canadian dollars in her bank account as required by the immigration authorities, she asked for divorce. Boy tried to pacify her. Her relatives also did their best to say sorry but, she was adament, thinking that the boy will come to her on his knees accepting her conditions of carrying on with her friends whom seemed very very shady characters. So, the boy chose to be quiet. Then, her brother from Dubai wrote to him to anul the marriage as soon as possible. As the IPC approves and Hanfi law permits the boy got scared and granted talaq to her in two letters & a phone call, pronouncing as per Islamic law 3 times talaq. during the span of 4 months.
Girl seemed very happy and wrote a letter of thanks but later when she came to Bangalore, filed a 498a complaint gainst him and his decent old retired parents. This was mainly because, she could not face the society, her brothers and relatives who cursed her for coming back like this. She did not have courage to accept whatever she did and concocted a story against the boy’s parents with whom she lived lavishly only for a week, as long as the boy was here. (mostly they were honey mooning during his one month long stay after the wedding in Bangalore).
Not only the boy, but about 1000 relatives and friends who know the decent family, & know how the boy who, spent for the girl so much, have tears in their eyes… How cruel Indian Govt can be to its own subjects?,
Delhi Police Commissioner: “No 498A Arrests W/O Permission Of DCP”
IS IT Religiously followed by the Delhi Police. I am working in a software company as software engineer, just few weeaks back ,my bhabhi(U.P.)registered a fake case 498A against all of the family memebers and U.P. police came early in the morning and arrested us even my elder sister with two infant child in the presence of delhi police.
Later, we jailed in UP and get bailed out after few days. we also came to know that this kind of activity developed a kind of business to earn the handsome money.
May anybody tell us about subsequent action should take?
Thanks
atulgupta108@gmail.com
08-july-2008
Dear , atul, you can aks your laywer to use the Jogendar sharma vs up sate judgement and file a case against those police officers for not following the order.
Investigation can be done without arrest , then why they arrest them?
dear swarup sir, on 12th aug. i viwed your interview on ibn 7 i like your sprit .i want to contact you so plese try to give me your phone no. so ican contact you . thank & regards
hello
I have a big confusion……
SUPREME COURT has asked the police officer to register FIR of cognizable and non-bailable offence. police officer can not deny it.
On the other hand, Delhi police commissioner’s order ask for not to register FIR and not to arrest without proper investigation.
NOW, WHAT IS REALITY………IF MY WIFE GOES TO POLICE STATION TO FILE 498A. WILL MY PARENTS AND I WILL BE ARRESTED INSTANTLY OR NOT?
PLEASE TELL THE VALIDITY OF THIS ORDER AFTER SUPREME COURT’S DIRECTIONS
EK BECHAARA