Implications In A False Case

This is a case from 1999.

This is an issue of rape where the accuser recanted.

In our country, a person accused of rape has more rights than a mother or sister or any other member of the family of a male falsely accused in a 498A case.

Here is the judgment: Allahabad HC-False Rape Case 1999

Clinck here to find out when you can file damages/compensation for being implicated in a false case.

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Judgements On Passport Revocation/Impoundment

Here are a few judgments that relate to passport impoundment and revocation.

At least one is a 498A.

• Delhi HC 498 Passport Judgment – 2003
• AP HC Passport Judgment-1997
• Uttaranchal HC Passport Revocation Judgment 2005
• Calcutta HC Passport Revocation Judgment 2003

A bunch of guys run a blog and they have some useful info on this topic.

You can check this out here:

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AP HC Orders A DNA Test 2006

Folks,

Here is an instance where the HC orders a DNA test to establish paternity.

The courts prefer to use a DNA test sparingly, but in this case the AP HC allowed it.

Here is the Judgment:  AP HC Orders A DNA Test 2006

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SC Judgment: Doctrine Of Binding Precedent

Folks,

here is a judgement of the Supreme Court that says that Article 142 of the Constitution declares that any order of the Supreme Court is enforceable throughout the territory of India and article 144 mandates that all civil and judicial authorities shall act in aid of the Supreme Court.

Here is an excerpt: “The doctrine of binding precedent has the merit promoting a certainty and consistency in judicial decisions, and enables an organic development of the law, besides providing assurance to the individual as to the consequence of transaction forming part of his daily affairs. And, therefore, the need for a clear and consistent enunciation of legal principle in the decisions of a Court.”

Here is the judgment: Doctrine Of Binding Precedent

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Attempting To Eviscerate The Judiciary

Folks,

This is an article that details the conflict between the Executive and the Judiciary. I am posting this in light of the recent articles in the media about the stance of Dr Manmohan Singh and The Hon CJI about the role of the Judiciary.

I belong to 80-90% of Indian citizens who trust the higher judiciary and not the executive.

Here is the link to the article: Eviscerating The Judiciary

Here is a link to the Keshavananda vs Union of India case which the article refers to.

Here are some links that give a little more insight into those troubled times:

• http://www.hvk.org/articles/0200/30.html
  
• http://www.hvk.org/articles/0200/31.html

Another link that talks about the Fundamental Rights

This may sound political, but it is not. I am striving to lay it all open and that is the extent of my agenda.

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SC Judgment: Maneka Gandhi Vs Union Of India (1978)

Folks,

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.

It was held that procedure established under Art.21 has to be reasonable and not violative of Art.14.

In effect, the SC interpreted this as a case for due process. The article from the Hindu is given below:

http://www.thehindu.com/2004/09/26/stories/2004092600471600.htm

This site has more info:

http://www1.umn.edu/humanrts/edumat/IHRIP/circle/justiciability.htm

Here is the judgment of the SC:

http://indiankanoon.org/doc/1766147/

Here is a pdf of the same for printing:

Maneka Gandhi vs Union Of India on 25 January, 1978

A warning! It is a 144 page judgment.

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Law Commission’s Recommendations On Law Relating To Arrest

Here is the link:

http://pib.nic.in/archieve/lreleng/lyr2002/rdec2002/31122002/r311220022.html

This talks about making 498A compoundable. I believe that 498A must be made bailable and compoundable or just bailable. This will go a long way in curtailing the extortion racket that it has become.

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Section 330 Of IPC

Folks,

Here is some Interesting info from Section 330 Of IPC. You may want to run through this if you’ve been mistreated by the police.

Section 330 Of the Indian Penal Code:

330. Voluntarily causing hurt to extort confession, or to compel restoration of property

Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information, which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Illustrations

(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.

(b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section.

(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.

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The Supreme Court on Torture:

“Torture” has not been defined in Constitution or in other penal laws. ‘Torture’ of a human being by another human being is essentially an instrument to impose the will of the ’strong’ over the ‘weak’ by suffering. The word torture today has become synonymous wit the darker side of human civilization.

“Torture is a wound in the soul so painful that sometimes you can almost touch it, but it is also so intangible that there is not way to heal it. Torture is anguish squeezing in your chest, cold as ice and heavy as a stone paralyzing as sleep and dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy including yourself.” Adriana P. Bartow “No violation of any one of the human rights has been the subject of so many Conventions and Declarations as ‘torture’- all aiming at total banning of it in all forms, but inspite of the commitments made to eliminate torture, the fact remains that torture is more widespread not that ever before, “Custodial torture” is a naked violation of human dignity and degradation with destroys, to a very large extent, the individual personality.

IT is a calculated assault on human dignity and whenever human dignity is wounded, civilisation takes a step backward-flag of humanity must on each such occasion fly half-mast. In all custodial crimes that is of real concern is not only infliction of body pain but the mental agony which a person undergoes within the four walls of police station or lock-up. Whether it is physical assault or rape in police custody, the extent of trauma a person experiences is beyond the purview of law. “Custodial violence” and abuse of police power is not only peculiar to this country, but it is widespread. It has been the concern of international community because the problem is universal and the challenge is almost global. The Universal Declaration of Human Rights in 1984, which market the emergency of worldwide trend of protection and guarantee of certain basic human rights, stipulates in Article 5 that “No one shall be subjected to torture or to curel, inhuman or degrading treatment or punishment.” Despite the pious declaration, the crime continues unabated, though every civilized nation shows its concern and takes steps for its eradication”

Here is a link to the judgment:

https://ipc498a.wordpress.com/wp-content/uploads/2007/04/sc-on-custodial-deaths.pdf

You can download the entire IPC from here:

http://www.498a.org/contents/ipc_explained.pdf

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SC: Stray Acts Do Not Constitute Mental Cruelty (1999)

Folks,

I came across this judgment. I really wish that divorce, as painful as it is, should be granted, if the grounds are reasonable. In this day and age, how does one live with a person who is unreasonable, be it male or female ?

In this judgment, divorce is not granted. However, the interesting thing about this judgement is that the SC says that one of the functions of the Womens Protection Cell is to mediate and attempt to bring about a reconciliation. For those of you, who are being hounded by the WPC, this judgment may be  useful in getting them back in line.

Here is the judgment:  Stray Acts Do Not Constitute Mental Cruelty

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SC: The Mother Is The Natural Guardian Of Her Children

Folks,

This is the Gita Hariharan case from 1999 where the Supreme Court held that a Hindu woman is the natural guardian of her children as much as the father

Here is the judgement: Gita Hariharan Judgment

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Restraining A Police Officer From Abusing His Legal Power

This is a judgment from 1970. The case is S.M. Sharma Vs. Bipen Kumar Tiwari.

Here is an excerpt:

“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”

Here is the judgment: Restraining A Police Officer From Abusing His Powers

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Supreme Court Judgments On Bail

Here is an editorial in the Hindu. I’ve found one judgment mentioned in this article.

Here is the link :
http://www.hinduonnet.com/2003/10/23/stories/2003102300411200.htm

This one of the judgments. I strongly recommend reading it as contains a lot of info.

Here is the link: SC Judgement on Bail 2002

Here is the SC landmark judgment on bail:

• SC Judgement On AB (Full)
• Supreme Court Landmark Judgment On Anticipatory Bail (Summary)

These are important judgments. I recommend reading them.

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What Is An Interpol Red Corner Notice?

Folks,

There is not a lot of clarity about what a Red Corner Notice means. Here is an explanation from the Interpol Press Office. Also, if you are facing an Red Corner Notice, most western countries will not just put you on a flight and deport you. There are quite a few formalities that need to be completed and a local judge needs to be convinced that you have done something terribly bad to deserve to be deported. And if you choose to fight the extradition, the other side will need to spend a LOT of $$$$ to really get you out. So, if some one is threatening you with a Red Corner Alert, then wish them the best and go about your life. The only drawback is that you may not be able to go back to India. One last thing, you may be able to get a stay on the NBW so the Red Corner Alert is moot. Again, cross check with lawyers who are well versed in all this.

Here is a link that contains information about the different notices: Interpol Notices

DIG Vinay Ranjan Ray Explains The Process Of Having An RCN Issued

You can read about NRIs and Interpol’s most wanted here:

Interpol’s Most Wanted – NRI Grooms Not Amongst Them

For those of you in the US, don’t worry about extradition or what ever. The US is one country in the world where due process is still given primary importance. Here is an an entry from the Dept Of Justice Handbook for prosecutors.

Here is the link to the US DOJ procedures on extradition.

For those of you in the US, here is an interesting link to a Bloomberg.com News article on US extradition.

More Information: http://www.interpol.int/Public/ICPO/LegalMaterials/FactSheets/FS13.asp#1

Here is a link to the CBI website if you want to check if your handsome face is posted on the wanted list.

Technically, what is an Interpol Red Corner Alert ?

• It is one of the ways in which Interpol informs its 186 member countries that an arrest warrant has been issued for an individual by a judicial authority.
• It is not an international arrest warrant.
• The individuals concerned are wanted by national jurisdictions and Interpol’s role is to assist national police forces in identifying or locating those individuals with a view to their arrest and extradition.
• Red Notices are only issued to Interpol member countries if the requesting National Central Bureau (NCB) has provided all the information required by the General Secretariat, including details of a valid arrest warrant for the country in question.
• Interpol’s General Secretariat does not send officers to arrest individuals who are the subject of a Red Notice.
• Many of Interpol’s member countries however, consider a Red Notice a valid request for provisional arrest, especially if they are linked to the requesting country via a bilateral extradition treaty. In cases where arrests are made based on a Red Notice, these are made by national police officials in Interpol member countries
• Interpol cannot demand that any member country arrest the subject of a Red Notice..

In reality, if you are an Indian national, what would a Red Corner Notice mean to you? (The answers are given by a couple of guys who commented on this blog)

A red corner notice is actually “a spot out device on the immigration computer”. When a passenger checks in or checks out of India at the international immigration counter, the moment the passengers passport number is fed in ”a red flag appears” beside it to alert the immigration officer that this person is wanted by the police of any police station in India.The passenger is detained irrespective of nationality and the airport police take that passenger away to the nearest police station, for the sole reason of extorting money by any means. The highest rate is an American national, second comes a brutish national, because the conversion rate of the dollar and the pound is the best to bargain so the passengers of these nationalities are supposed to be gold nuggets for the immigration officers who are always on the prowl to make a buck. A criminal nexus is then arranged between the immigration officers and the police and the passenger is harassed in every possible way!

“Look-Out-Circulars” by Indian police are posted at every airport in India to catch innocent people who are entering India through any international airport while getting their passport checked. These stations are at Raja- Sansi -Amritsar, IGI Airport Delhi. Bombay, Calcutta and Madras. The moment your passport number is entered a red flag appears beside your name and your case details come up on the screen after which being detained for hours you are taken to a police station where your passport will be detained and given back to you only after you pay a hefty bribe to the concerned officials beware!!!!

Read the comments on this post to understand more.

News Articles:

• Here is an article from The Hindu on lookout circulars.
• Interpol RCN Against NRIs For Dowry Allegations

Also, read this to understand and survive this mess, if you are a non resident Indian national facing a 498A: A Guide To Surviving IPC 498A

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Justice Dhingra Quashes A 498A FIR

Folks,

I came across this judgment by Justice Dhingra quashing a 498A . This was a case of compromise between the hubby and wife. Nothing special about this judgment.

You can read it here: Justice Dhingra Quashes A 498A FIR

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What Is Habeas Corpus ?

Folks,

This term has come up pretty often, so I thought of posting a clarification on this. Applies to NRIs.

Again, this is not legal advice. This is a non binding FYI only.

Here is the file: What Is Habeas Corpus ?

Here is a SC Judgment on Habeas Corpus:

Habeas Corpus-Thokchom Lokendra-SC-Judgment

Here are some SC judgments on Habeas Corpus:

• Supreme Court On Powers Of Police To Arrest
• SC allows DNA Test in Habeas Corpus Case

Here is an example of the use of Habeas Corpus: ”

Habeas Corpus filed to produce arrested Maoists

A Habeas Corpus petition was filed before the Madras High Court to produce three Maoists who were arrested by Special Task Force police in Tirupur on July 9.
In his petition, Centre for Protection of Civil Liberties General Secretary G Haribabu contended that the three Maoists- Sundarmurthy(30), Karthik(25) and Easwaran(23) were arrested by the special police team actually on July eight and not on July nine.
Mr Haribabu submitted that the three were not produced before any court or remanded in judicial custody so far and the relatives of the arrested fear that the three were in illegal custody.
He prayed the High Court to issue a writ of Habeas Corpus to produce the arrested persons before the court as per Article 226 of the Constitution.
For the Government of Tamil Nadu, the respondent in the case, Home Department Secretary, “Q” Branch CID Superintendent of Police and the Special Task Force Additional Director General of Police were present when the petition was taken up for hearing.”

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