Archive for August, 2007

Chandigarh Man Sues Ex-Wife, Police And Witnesses In A 498A Case

Published August 31, 2007 498A abuse , 498a judgments , 498A misuse , 498A Winner , Arrest , Feminism , Kuldip Babbar , Links To Sister Sites Leave a Comment

All,

Though this is an old story, we have a 498A winner. After 5 years, Kuldip Babbar was acquitted and looks like he may have gotten some justice after all.

Here is the link to the article:

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SC Dismisses The Review Petition Of Mrs. Swarup Sarkar

Published August 31, 2007 498A abuse , 498A misuse , Divorce , Ghosh , Links To Sister Sites , NRI , Supreme Court , Swarup Sarkar 4 Comments

Here it is:

ITEM NO.CHAMBER MATTER                        SECTION XVIA

        SUPREME COURT OF INDIA
            RECORD OF PROCEEDINGS

REVIEW PETITION (C) NO(s). 735 OF 2007 IN T.P.(C) 32/2007

SUSHMITA SARKAR                            Petitioner(s)

              VERSUS

SWARUP SARKAR                              Respondent(s)

Date: 22/08/2007 This Petition was circulated today.

CORAM :
   HON'BLE Dr. JUSTICE ARIJIT PASAYAT
   HON'BLE MR. JUSTICE S.H. KAPADIA

                             By Circulation

      UPON perusing papers the Court made the following
                ORDER

                   The review petition is dismissed in terms of the signed

        order.

                   (Neena Verma)                           (Vijay Aggarwal)
              Court Master                         Court Master

                             Signed order is placed on the file.
             IN THE SUPREME COURT OF INDIA
              CIVIL ORIGINAL JURISDICTION

                   REVIEW PETITION (C) NO.735 OF 2007

                                  IN

                         TRANSFER PETITION (C) NO.32 OF 2007

Sushmita Sarkar                                    ....... Petitioner

                         Versus

Swarup Sakar                                       ....... Respondent

                     ORDER

          We have carefully gone through the review petition and the connected

papers. We do not find any merit in the petition for review. The same shall stand

accordingly dismissed.

                                                   ...................J.
                                                   (Dr. ARIJIT PASAYAT)

                                                ...................J.
New Delhi,                              (S.H. KAPADIA)
August 22, 2007.

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Laws And Acts From The MP Police Web Site

Published August 29, 2007 Diaspora , Indian Police , MP Police Leave a Comment

Here is the link

It has the CrPc etc

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Study On Police People Interface

Published August 29, 2007 Alien Tort , Anju Gupta , Diaspora , Indian Law , Indian Police 2 Comments

A study by Anju Gupta, a UP cadre IPS officer (pdf).

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Flowchart Of An FIR

Published August 29, 2007 498A abuse , 498a judgments , 498A misuse , Abhinav Kumar , Feminism , FIR , FIR Flowchart , First Information Report , Links To Sister Sites , MP Police Leave a Comment

I couldn’t stay away.

Here is the flowchart of an FIR courtesy of the Madhya Pradesh police.

Flowchart of an FIR

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Justice And Law

Published August 22, 2007 498A abuse , 498A misuse , Alien Tort , Indian Law , Links To Sister Sites Leave a Comment

I don’t know where I found this, but here it is: Justice And Law

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Chennai HC: Spare Innocent in-laws-2004

Published August 22, 2007 498A abuse , 498a judgments , 498A misuse , Arrest , Criminal Justice , Feminism , Links To Sister Sites Leave a Comment

This is an old news item, but very revealing as no one talks of amending the law to prevent its abuse as weapon of vengeance or a tool of extortion.

Here is the link: Chennai HC: Spare Innocent in-laws-2004

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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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