Archive for April 5th, 2007

Justice Dhingra Quashes A 498A FIR

Folks,

I came across this judgment by Justice Dhingra quashing a 498A . This was a case of compromise between the hubby and wife. Nothing special about this judgment.

You can read it here: Justice Dhingra Quashes A 498A FIR

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What Is Habeas Corpus ?

Folks,

This term has come up pretty often, so I thought of posting a clarification on this. Applies to NRIs.

Again, this is not legal advice. This is a non binding FYI only.

Here is the file: What Is Habeas Corpus ?

Here is a SC Judgment on Habeas Corpus:

Habeas Corpus-Thokchom Lokendra-SC-Judgment

Here are some SC judgments on Habeas Corpus:

Here is an example of the use of Habeas Corpus: ”

Habeas Corpus filed to produce arrested Maoists

A Habeas Corpus petition was filed before the Madras High Court to produce three Maoists who were arrested by Special Task Force police in Tirupur on July 9.
In his petition, Centre for Protection of Civil Liberties General Secretary G Haribabu contended that the three Maoists- Sundarmurthy(30), Karthik(25) and Easwaran(23) were arrested by the special police team actually on July eight and not on July nine.
Mr Haribabu submitted that the three were not produced before any court or remanded in judicial custody so far and the relatives of the arrested fear that the three were in illegal custody.
He prayed the High Court to issue a writ of Habeas Corpus to produce the arrested persons before the court as per Article 226 of the Constitution.
For the Government of Tamil Nadu, the respondent in the case, Home Department Secretary, “Q” Branch CID Superintendent of Police and the Special Task Force Additional Director General of Police were present when the petition was taken up for hearing.”

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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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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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