Archive for the 'Arrest' Category

Advocate Pradeep Nawani Nails The Wife, The In Laws And Corrupt Cops

Adv Pradeep Nawani has shown us the way on how to go about nailing the scum that infest the ranks of the Indian police and has also shown us to how to nail the bitter half and her enablers under Dowry Prohibition Act Section 3 (DP3).

Here is the coverage in the news. This is reproduced from DNA India:

NEW DELHI: A Noida court has ordered police to book a woman and her parents for giving dowry. The chief judicial magistrate (CJM) of Noida ordered the police to register an FIR against Noida-based call centre employee Natasha Juyal and her parents under section 3 of the Dowry Prohibition Act (DPA) for giving dowry. The CJM also ordered action against police officers who refused to register Natasha’s husband Namit Juyal’s complaint.

Giving or taking dowry is a criminal offence under Section 3 of the DPA with imprisonment. This is a rare case where the section was evoked against a woman and her family.

Namit’s lawyer Pradeep Nawani argued that Natasha had not only accepted to giving dowry, but also submitted a list of stridhan that was not as per the DPA. Even her claim of huge wedding expense did not match her father’s financial capacity.

According to Nawani, Natasha filed a complaint of dowry harassment in Noida’s sector-20 police station last year, saying Namit was given Rs10 lakh as dowry in 2005.

The Noida police arrested Namit and packed him off to Dasna jail in UP. After getting bail, Namit sought information under RTI from the Noida police, seeking to know on what basis he was arrested.

He was horrified to hear that he was arrested on the basis of his wife’s mere written complaint and verbal statement with no records to back her allegations. He then asked police to register a complaint against his wife and family for giving dowry.

On refusal by the police, he approached court to get a complaint registered against his wife and her parents. He also sought contempt of court action against the police for failing to comply with a supreme court order, stipulating that refusing to register police complaint by a husband in a dowry case is tantamount to the contempt of court.

Here are the orders:  pradeep-nawani-dp3-orders_page_11

pradeep-nawani-dp3-orders_page_21

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Justice JD Kapoor Clarifies Arrests/Bails/Chargesheets

This is 8 pages of valuable information. If you read this, this you will know more about arrests/bails and chargesheets than anyone else.

I here is the judgment: Court On Its Own Motion Vs CBI-2004: Justice JD Kapoor

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Justice Dhingra Kicks Some Sense Into The MM Of Patiala House

Justice Dhingra, well on his way to the pantheon of great Indian judges, recently received an application to take cognizance of criminal contempt of court against  some respondents in a 498a case from the excuse of a Metropolitan Magistrate of Patiala House.

Read what he had to say about this scumbag Magistrate:

  • The learned MM seems to have spent a lot of time in framing this reference petition which runs into 37 pages and annexures to the reference run into another more than 100 pages. After perusal of the entire reference I find the reference is not worth the paper wasted by the learned MM on it. I find no imputation had been made against the learned MMs Court but of bias which was inferred from the orders passed by him. It is surprising that the learned MM should have sent this reference of contempt only on the allegations of bias made against him. However, on perusal of this reference, I feel that the  learned MM definitely seems to be biased in favour of the wife and against the husband and other in-laws. Otherwise, there was no reason for him to get provoked for sending this reference, so that the family members of the husband are called by this Court in criminal contempt, despite the fact that no person insinuation was made against him.
  • I consider it is a right of every litigant, who is facing proceeding in a Court, that justice should not only be done but should also seem to be done and if a litigant feels that  what he was seeing was not justice but injustice, he has a right to move transfer application and if bias is inferred from the orders passed by the Court, the Court has no reason to send a reference for criminal contempt. This reference is rejected. There is no ground to summon the respondents. A copy of this order be sent to the District Judge, Delhi. A copy of this order be also sent to the Inspecting Judge of the learned MM and to Honble the Chief Justice.

It is precisely this kind of a  scumbag who denied my mom and sister bail after being bought by my ex-father In law.

Justice Dhingra has yet again shown us the way and added one more weapon to our arsenal to fight back against this extortion racket.

Here is the order from Justice Dhingra.

CourtOnItsOwnMotion-Vs-Sunil-Seth-2007

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Joginder Kumar Vs State Of UP – 1994

For reasons unknown, I decided to revisit, possibly, the most important judgment ever delivered by an Indian court.

These words of  Justice MN VENKATACHALLIAH renewed my determination to fight.

No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave the Station without permission would do.

Here is this seminal judgment again, reformatted and presented anew:

Joginder Kumar Vs State Of UP – 1994

Original link to Judis: http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=11479

Given below is the 3rd report of the National Police Commission that this judgment draws on:

Third Report Of The National Police Commission (From BPRD)

Also given below is a fragment of the First Police Commission:

First Report Of The National Police Commission (Fragment From BPRD)

Compliance orders:

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Kerala DGP Circulars Related To 498A

Here are two circulars issued by the Kerala police detailing the the ranks of police officers qualified to investigate 498A cases and categorizing 498A as a grave offence. Both circulars were uncovered by the volunteers of SIF Kerala with Protect India Family Foundation assisting.

More such revelations to come:

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A Few Notes On CrPC 125

The credit for this info goes to the original poster/researcher, a great guy and a true 498A warrior.

A Few Notes On Crpc 125

1. The code has dangerous implications – any wife (that includes divorced women) may file a petition for maintenance under CrPC 125. In the event that she doesn’t marry anyone, you are liable for her maintenance for the remainder of her life. You are liable no matter what, whether you pay or you don’t that’s your choice. If you don’t pay maintenance, the Order can go to execution resulting in a warrant against you and potentially Passport cancellation (Passport Act, 1967) – I repeat, passport cancellation – that DOES NOT mean you will be extradited – but it’s a concern nevertheless.

2. Divorced wife means – whether she lives in adultery doesnt affect her rights to maintenance – ONLY if she is capable of earning on her own (has a job) OR gets married – then you are off the hook. Or, you may get US or Canadian citizenship in which case the Indian law doesn’t affect you unless you land in India. Unpaid maintenance resulting in a warrant still remains valid within Indian jurisdiction.

3. Most importantly, US divorce – contested, uncontested, ex-parte, mutual consent, whatever… don’t matter in the case of CrPC 125……the Magistrate at the lower court, may upon his/her discretion, ignore the US court’s verdict. His call on “change of circumstances” is final… if the girl had a job in the US (legal or illegal) and she returns to India just for fun… that’s a change in fiscal circumstance and she may be entitled for maintenance u/s CrPC 125.

Even if you pay/settle in the U.S. or India – she may still claim and get more maintenance, if she has reasons – such as a medical need or any other life events that have changed her fiscal condition (she has blown all the money you had paid in permanent maintenance) .

No matter how fool proof your marital termination agreement here is, she can claim and get maintenance u/s CrPC 125. Monetary sanctions against a wife levied in the US has no impact in India as Indian law and judgments will be based on Indian public policy and socio-economic context.

4. The only silver lining is – if you can smoke her out in the U.S. to participate in a contested divorce, at least the divorce is valid in India.

5. Finally, marital misconduct in the U.S. such as restraining orders on wife’s or arrests of abusive wives may have some feeble impact, if any, on the “FINAL” maintenance order. As far as the interim “maintenance pendente lite” – court awards temporary maintenance based on prima facie assumption of truth on the girl’s petition and cursory review of preliminary facts.

Bad news huh? Well, I learned it/learning it the hard way.

This doesn’t mean however, that we shouldn’t fight – if your case has merits (or so you think) – keep fighting… the ONLY two prongs we have –

1. Lengthier procedure may frustrate the girl’s party

2. She may get married…Hope and pray that she gets married

In this gloom and doom, some rays of hope:

  • Mumbai HC: Deserting without just Cause. No Maintenance
  • THE HIGH COURT AT CALCUTTA
    Criminal Revisional Jurisdiction
    Appellate Side

    Amal Mukherjee
    versus
    Pranati Mukherjee & Anr.

    C.R.R. NO. 399 of 2007

    In the case of Md. Jahangir Khan Vs. Mst. Manoara Bibi, reported  in 1992 Cri L.J. 83, a Division Bench of our High Court held that the future salary not being a tangible corporeal property the same cannot be attached for recovery of the arrear maintenance.

  • More to come…

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Mumbai Police Circular On Arresting Women – 2004

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.

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

Here is the other set of directives/circulars uncovered by PIFF through RTIs:

Maharashtra Home And Police Depts Joginder Kumar Compliance Orders

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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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