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.

• RTI Request to Get A Copy of DCP’s Order Authorizing A 498A Arrest in Hyderabad

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:

• AP Police 498A Investigation Procedures (pdf)

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):

• 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

Finally, to re-cap, here is a jpg of the MV Krishna Rao order:

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