Archive for August 25th, 2008

Maharashtra Home And Police Depts Joginder Kumar Compliance Orders

The last order in issued by former CJI, Justice MN VENKATACHALLIAH, in joginder Kumar Vs State Of UP directed the DGPs of all states to issue the necessary orders for compliance.

The Protect India Family Foundation filed a bunch of RTIs and were able to get the Maharashtra Govt to produce the orders issued by the then DGP and Dpty Home Secy (Home) to comply with the orders issued by the most hon’ble former CJI.

Here they are:

This is yet another circular uncovered by PIFF.

In this circular, the police pretty much come up with their own rules, in defiance of the directives of the Supreme Court on the arrest of women.  Using the justification outlined in this circular, corrupt cops can categorize grandmothers, mothers and innocent sibling as “unscrupulous females” and arrest them. Justice AN Mulla* was so right about the nature of the Indian police force !

Here is the circular: Mumbai Police Circular On Arresting Women – 2004

Inspite of these orders, the Maharashtra police have been arresting innocents and subjecting them to threats, intimidation, illegal detention and extortion in 498A cases.

They are prima facie guilty of contempt of court.

*Justice A N Mulla had once commented, ” I say it with all sense of responsibility that there is not a single lawless group in the whole country whose record of crime is anywhere near the record of that organized unit which is known as the Indian Police Force.”

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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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