Archive for the 'Diaspora' Category

SC: Police Must Register FIR On Complaint Of Cognizable Offence

Here is the link to the judgment

Here is an excerpt:

The concerned police officer is statutorily obliged to register the  case on the basis of the offence disclosed in the complaint  petition and proceed with investigation in terms of procedure  contained under Sections 156 and 157 of the Code.

“Holding that the conduct of the police has led to grave miscarriage of justice, the apex court in its judgment dated October 12 observed, “Section 154 of the Code thus casts a statutory duty upon police officer to register the case, as disclosed in the complaint, and then to proceed with the investigation. The mandate of section 154 is manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station, such police officer has no other option except to register the case on the basis of such information.” Rejecting the plea of delay in trial, the court said,”No doubt, quick justice is sine-qua-non of Article 21 of the Constitution, but when grave present case is committed by the police officer, the ground of delay of disposal of cases or miscarriage of justice as pointed out in the otherwise would not scuttle the miscarriage of justice, similarly, we are of the view that in given facts and circumstances of this case, the accused themselves would be laible to be blamed for the delay if any,” Dismissing the appeal of Lallan Choudhary and others, the apex court also said, “Hence the police officer concerned is duty bound to register the case on receiving information disclosing cognisable offence. Genuineness or credibility of the information is not a condition precedent for registeration of a case. That can only be considered after the registeration of the case. The police officer concerned cannot embark upon an inquiry as to whether the information laid by the informant is reliable and genuine or otherwise and refuse to register a case on the grounds that the information is not relevant or credible.”

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AP State Police: Responsibilities Of Citizens

Here is the link:

Here is an excerpt:

Be truthful and forthright while going to police for redressal of complaints. Avoid the unholy practice of exaggerating or maneuvering facts to attract operation of criminal laws or to enhance their severity. This is particularly unfortunate when such complaints are pushed through devious recommendations or monetary inducements. Such short sighted actions strike at the root of the rule of law and are among the factors responsible for many of the ills, like malicious investigations and burking, affecting policing. Chandigarh Police would like to reassure that a sincere account of a complainant’s version, though may not be covered by criminal laws, would be given due consideration. All efforts would be made to resolve the same under the alternate complaint resolution mechanism as many such disputes lead to future crimes or breach of peace.

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Laws And Acts From The MP Police Web Site

Here is the link

It has the CrPc etc

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Study On Police People Interface

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

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The Center For Policy Research

Apparently, The Center For Policy Research is the premier institution in our country for framing policy debates. Here is the link to their website.

I found a couple of interesting articles that should be of interest to the guys. These are about the new legislations being introduced in Parliament.

The amendments to the CrPC. are pretty interesting and so are the bill for senior citizens. I’ll add my comments later.

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Criminal-Politician Nexus Getting Stronger

Here is the article from Tribune India

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An Example Of A Writ Mandamus-The Shankaracharya Case

I had written about restraining a police officer from abusing his powers in a previous post

Here is the excerpt from the judgment from that post that explains writ mandamus:

“It appears to us that, though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal power”

I was looking for a good example of a judgment in response to a writ mandamus petition. I found a great example. This is the case of the Kanchi Shankaracharya who got entangled in a criminal case.

Looks like the police froze the accounts of the trust he runs and subsequently, the writ mandamus was filed and upheld by the Chennai High Court.

The Hon’ble judge says:

“Prof.Wade, in his magnum opus “ADMINISTRATIVE LAW”, (9th Edition – Page 343), observes as follows, while dealing with “Restriction of Discretion”: ” The first requirement is the recognition that all power has legal limits. The next requirement, no less vital, is that the courts should draw those limits in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen. Parliament constantly confers upon public authorities powers which on their face might seem absolute and arbitrary. But arbitrary power and unfettered discretion are what the courts refuse to countenance. They have woven a network of restrictive principles which require statutory powers to be exercised reasonably and in good faith, for proper purposes only, and in accordance with the spirit as well as the letter of the empowering Act.”

I am adding this here, as the cops play the role of the intimidator, bounty hunter, goon and extortionist in almost all 498A cases. A writ mandamus is one of the means to put them in their place. If you need more convincing, re-read the excerpt from the judgment above.

Here is the judgment: Chennai HC: An Example Of A Writ Mandamus

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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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