Justice Regupathy, Chennai HC: Mechanical Judicial Remand Is ILLEGAL

It is an established fact that the Indian Judiciary, higher or lower is corrupt. The recent exposes regarding the PF scam and the Punjab HC wiretap scandals have revealed the extent of the rot.

A the lower level, the mechanical remand of the accused in 498A cases by lower court magistrates is rampant.

My mother and sister were remanded for 11 days by such a  magistrate. He was bribed by my ex-father-in-law in the belief that I would pay up and settle the case if I my family was jailed.

This practice of remanding innocents is illegal. This was declared as such by the  Justice Regupathy of the Chennai HC. This is what he has to say:

(M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah)

  • When the investigating officers seek for remand of the accused, the Magistrates must examine the necessity for the same and only where there are valid grounds for believing that the accusation or information is well- founded and it appears that the investigation cannot be completed within a period of 24 hours, remand may be ordered. Violation of human rights and infringement of personal liberties must be viewed seriously. Except in cases of grave nature viz., dowry death, murder, suicide, hurt, etc., in other matters like matrimonial disputes between spouses where it may not take much time for the police officer to interrogate/investigate, remand should not be ordered mechanically, for, remand of an accused by a Magistrate is not automatic one on the mere request of the investigating officer and sufficient grounds must exist for the Magistrate to exercise the power of remand.
  • Of course, it is provided in the Code that remand should not exceed 15 days at a time, but, it does not mean that in all cases, remand for 15 days should be ordered invariably.
  • Though the law is manifestly clear, plain and patent, in many cases, it is witnessed that, on the mere request of the investigating officers, remand is ordered mechanically without application of mind and such illegal practice must be avoided.
  • The preliminary job of an Investigating Officer including that of the Officers posted at the All Women Police Stations is only to collect the materials in respect of the dispute they are investigating and place the same before the court/Magistrate. For adjudicating any issue, the dispute must be forwarded only to the learned Magistrate or the Family court. In this type of fragile matters, in the name of ‘petition enquiry’ or investigation after registration of F.I.R., the police should not be allowed to conduct lengthy panchayats in police stations.

When applying for bail, or when being presented before a magistrate, please have a copy of Justics Regupathy’s orders with you. They are applicable all over India by the doctrine of binding precedence and because the Code Of Criminal Procedure (CrPC) is the national code.

Besides, the right to life and liberty is a guaranteed, cherished,  FUNDAMENTAL RIGHT, which these magistrates can’t and shouldn’t violate for any reason, except just cause.

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3 Responses to “Justice Regupathy, Chennai HC: Mechanical Judicial Remand Is ILLEGAL”


  1. 1 Ramesh Sangamwar February 4, 2011 at 10:07 am

    My dear friend ,the same thing happend with my brother shrinivas in hyderabad .he was arrestred on 03-02-2011 in hyderabad and was detained in mj remand for one day and was granted bail.This false complaint was lodged by his wife and inlaws to torcher him,for more money and gold.They even mentioned my name and my mother’s name ,to harress us further,now the cop is calling my mother and me for settelment by paying lakhs to the inlaws and wife of shrinivas.or else they will arrest us and send to jail .The main thing is that we stay in Maharastra and we had done nothing wrong as i visited to hyderabad in 2009.

    Like

  2. 3 solar power panels August 17, 2014 at 8:38 pm

    This is a great tip especially to those new to the
    blogosphere. Short but very accurate information… Many thanks
    for sharing this one. A must read post!

    Like


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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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