This is a standing order from the former Hyderabad Commissioner of Police MV Krishna Rao, forbidding the arrest of any man, woman or child, accused in a 498A case without the written permission of the DCP. This order was issued in 2002 to all SHOs as well as the Women Police Stations.
There is also a similar 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 with Swarup Sarkar’s Interview here
Both of them quote Joginder Kumar Vs State Of UP. You can read about the significance of this judgment, which defines and limits the powers of the police to arrest a citizen here:
Magna Carta And Joginder Kumar Vs State Of UP
The Indian police do not have the power of arbitrary arrest. That went out with the Gestapo and the KGB. If you are from Hyderabad and had to see your family arrested, I urge you to ensure that the bastards who disobeyed the orders of the Commissioner and the directive of the Supreme Court, pay their dues for doing so.
The AP State Police Manual On Arrest also mentions Joginder Kumar Vs State Of UP. You can read it here:
AP State Police Manual On Arrest
Here is the pdf of the order of the Police Commissioner: Hyd Comm Of Police Memo Against Arbitrary Arrest (pdf)
SIF volunteers have been unearthing similar circulars. Here are some more such circulars:
- Delhi commissioner of Police: Delhi Comm Of Police Standing Order Against Arbitrary Arrest (pdf)
- Delhi Police circular on 498A: Delhi HIGH COURT INSTRUCTIONS REG. DOWRY CASES
Here is a pdf of : Joginder Kumar Vs State Of UP-Apr/25/1994
Here is a jpg of the MV Krishna Rao order:
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This is fascinating!
This order was issued in 2002. In addition, it rightly quotes the Supreme Court judgment in Joginder Kumar Vs State of UP case.
This proves beyond any doubt that police knew fully well when they effected any arrests under 498a, they were acting in direct contravention of the Supreme Court Orders and are thus in contempt of the court.
All the victims who were subjects of such arrests must file contempt of Supreme Court cases against the police who subjected them to ILLEGAL arrests.
Good work!!
This is a a clear evidence of an ERA OF POLICE HARRASSEMENT FROM 2002 - 2008.
Victims of Police Harrassement must sue the Police for wrongful arrest and contempt of Supreme court.
Victims must also demand such Police officers to be dishonourly terminated.
Corrupt Police officials who arrested our mothers and sisters must be criminally prosecuted and jailed.
hi this is really interesting and i think i do have a weapond to fight against my 498 wife and inlaws .. thanks to Joginder Kumar
lets do something and use this like “besharm” 498 wifes & inlaws do against us.. let not just blog here and use this .lets take it to the next level.
thnks
this is amazing ….
hope this will save me
Sounds pretty damn good on paper, doesn’t it? What if I were to tell you (in fact, that’s what I AM telling you!) that Protocol No. 3 is commonly circumvented – as a matter of protocol!! What if I were to tell you that IRREFUTABLE evidence exists of a certain Hyderabad DCP showing a VERY PERSONAL INTEREST in a case and merrily disregarding standing orders from the Commissioner as well as the Supreme Court of India? What if I were to tell you that modifying the narration in the “Remand Report – Case Diary” to suit the palatability standard of the courts is simply a matter of waving the magic wand, and VOILA! Here’s yet another “Open & Shut Case”! Or so it seems on the surface until someone digs through the dung and uncovers the truth. Check out the circus at
http://havepenwillwrite.wordpress.com/category/corruption-the-big-c/corruption-within-the-ranks/
The sad fact of life is that such scenarios are typical handiwork of our Indian Police. These are not rare, isolated incidents attributable to honest human error; thus condonable (if speedily abated), but deliberate, criminal acts perpetrated by the Police and furtive tactics to cover-up.
Check out Guidelines on Arrests, Police Lock-ups, and Polygraph Tests
http://nhrc.nic.in/Documents/sec-3.pdf
“Prompt action must be taken against errant police officers for violation of the guidelines. This should not be limited to departmental inquiries but also set in motion the criminal justice mechanism.” ENOUGH SAID!
So when (not IF) you become a victim of intentional violation of mandated Police protocol (as well as controlling directives of the Apex Court), what are the options available to you? Here are some suggestions: take it or leave it!
1) MAKE YOUR STORY PUBLIC! STAND YOUR GROUND. Approach the media to cover the story. The media has sometimes been known to be partisan: Their “impartial” reporting often slants toward scandal, sensationalism and the source of their information, viz. the Police’s version of the incident, because they weren’t able to get a hold of you in time (or couldn’t be bothered). Persuade your friends and relatives to join you and FLOOD THEIR OFFICE with Letters to the Editor.
2) Organize your thoughts in writing and file formal complaints with the State as well as the Union Anti-Corruption Bureau, the CBI, Home Ministers, the State DGP and Commissioner of Police, the UN High Commission for Human Rights and their subsidiaries in New Delhi as well as their sub-office in your home State – AND FOLLOW UP because usually, the “people on top” are so damn busy looking important that they have long forgotten that they owe their jobs to people like you! SO REMIND THEM!
3) Those who are not “directly involved” in your neighbor’s predicament, keep in mind that only impotent eunuchs stand by shamelessly as spectators while the brave set off to do battle! And yet they gluttonize on the spoils of victory!
This is what propaganda, publicity, and public relations is all about in a nutshell: the art of persuasion! Be persuasive – and persevering!
Get involved, People! This is not really a gender battle: 498A is simply yet another creative government-approved Scheme to supplement Police income at the expense of some misfortunate ‘mark’ whose spouse’s been stroking a hard-on. This is a struggle to reestablish RIGHTEOUSNESS and righteous living! Have we forgotten what “DHARMA” is all about?
Bring these crooked cops out into the open. You can expect them to resort to the usual vile cover-up tactics. You can expect them to concoct even more “evidence” and adverse witnesses against you. Hell! You can even expect them to raid your house and plant serious “evidence” of a new crime. Worse case scenario: Torture or even a fake “encounter”. But they would be orchestrating this in a public arena where their tricks will not remain secret very long. Observe then with contentment how their very own support structure systematically collapses and they find themselves very much alone nursing a jock itch (that is, IF they still have anything left to scratch!). Besides, is it not worth dying on your feet for a worthwhile cause than living on your knees before worthless maggots? Believe me: CORRUPT COPS FEAR COPS!
CASE IN POINT: There has not been a single comment registered by a member of the Police entrepreneurship that offered any challenge to our righteous complaints in this and other similar Blogs! But then, often being known as underhanded, back-stabbing extortionists, it wouldn’t jive to be direct and face to face when confronted with the truth, right? Have you ever seen maggots leap out from under the rock and defend their turf when threatened? Me neither.
Hi All,
We need to do RTIs in Indian States as explained in my previous post with similar topic. The same is blogged for future reference and easy lookup at the following links.
IMPORTANT : This message is of common interest, for all Indian States- if we do this exercise all over India we will make a quantum jump in tackling the menace of 498a(arrests by police could avoided to a large extent, even without Anticipatory bails). So please read carefully.
http://at498a.blogspot.com/2008/04/arrest-guidelines-in-case-of.html
HI,
arrests have already over & they r out on bail. NOw can we use this memo to complaint to DCP or other higher police official about the arrests made without any investigation or enquiry to sue the local police who made arrests.
reply urgently…..
divine decision although taken late. Request concerned authority to follow this circular if humanity is to be saved from barbarious law like 498a IPC.
Friends,
I think we are wrongly interpreting the Hyderabad Police commissioner’s order. This order is was only for Hyderabaf Jurisdiction and does not apply to whole of AP. We have to file a petition to DGP to get the order for whole of AP.
Bijay