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Archive for July 15, 2010

No more dingy, unhygienic courts

http://www.thehindu.com/news/cities/Bangalore/article512469.ece

Government to infuse funds for improved infrastructure

They are described as temples of justice, but unlike the religious structure, they belong to the people.

Karnataka, today, has nearly 800 courts apart from scores of tribunals and commissions which have quasi-judicial powers. Though the judicial system in Karnataka has been rated among the best in the country and several path-breaking judgments have been delivered by the courts, majority of them, including many in the city, have little or no infrastructure.

It is not only visitors and litigants who find the facilities inadequate. Advocates, court staff and even judicial officers have to make do with outdated or inadequate infrastructure. It’s no wonder people dread going to courts considering it more a punishment. This situation worsens when a person is called to give evidence or depose as a witness. Since the individual is unaware when the case will come up for hearing, he has to spend hours or days in court. Law Minister S. Suresh Kumar and Advocate-General Ashok Haranahalli agree that it is high time the situation changed for the better.

Changes imminent

Mr. Suresh Kumar told The Hindu on Saturday that the State Government had already obtained from the High Court, a list of subordinate courts which lacked infrastructure. He said the State was committed to provide facilities and has set aside Rs. 100 crore for constructing new and better court buildings.

Apart from that, the State has decided to take up a programme to provide drinking water and toilet facilities in all the courts. Mofussil courts, he said, would be the first beneficiary of this scheme, which is likely to cost Rs. 447 lakh in the initial phase. The State has also decided to release Rs. 200.03 lakh for providing drinking water in these courts. Both these programmes would be taken up and completed during 2010-2011, he said.

The list

Sources in the High Court said they had received a letter from the State Law and Justice ministry on May 20, 2010, seeking details of courts which needed better infrastructure facilities. The High Court on June 25, 2010, had written back to the ministry giving the list.

Mr. Suresh Kumar said his ministry was also working on giving better facilities to the bar associations in all courts. He said the associations would get e-library facilities within two months so that advocates could be up to date on the decisions of the Supreme Court and the High Court. He said the State was coordinating with the High Court for providing rest rooms and other facilities for witnesses and litigants.

Mr. Haranahalli said the State should provide accommodation and other facilities to the prosecution when new courts are constructed. Moreover, there was a need for modern writing equipment for judicial officers apart from providing them stenographers. In several courts, judicial officers write orders by hand, he said, and felt this practice should be abolished.

President of the Advocates Association of Bangalore K.N. Putte Gowda said the association had already given representation to the Government and the High Court for better facilities to the advocates, visitors and litigants. He says despite several measures, facilities are still woefully inadequate in Bangalore courts.

‘Posts filled up’

On courts not having presiding officers, Mr. Suresh Kumar and Mr. Haranahalli said almost all the posts of judicial officers in all subordinate courts and State tribunals have been filled up. Family courts, fast track courts and special courts have once again become functional due to the 2009 initiative taken up by the High Court to fill up all judicial vacancies.

Senior judge of the Supreme Court R. Raveendran said it is the judiciary itself that has to take the blame for lack of facilities. If the judiciary demanded its due, the Government would have given it. However, the lower courts had been shy in making demands and reluctant to pursue them. Thus, courts continue to languish in dingy and unhygienic places, he said.

//

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Categories: Other news

Unmoved Shubha gets life sentence

http://bangaloremirror.com/article/10/2010071520100715051247308b036dc79/Unmoved-Shubha-gets-life-sentence.html

Convicted of killing her fiance, 27-year-old gets additional three years of rigorous imprisonment for destruction of evidence

 

Bangalore Mirror Bureau
Posted On Thursday, July 15, 2010 at 05:12:47 AM
In December 2003, Shubha Shankar, along with her boyfriend Arun Varma and two others, had murdered her fiance G V Girish just four days after their engagement.On Wednesday, nearly seven years after Girish succumbed to injuries after being beaten on his head with a steel rod, all four of the accused were given the life sentence.Apart from life imprisonment, Shubha got an additional three years of rigorous imprisonment for destruction of evidence.Judge V S Vantigodi Vantigodi also imposed a fine of Rs 50,000 on each of those convicted, and ordered a payment of Rs 2 lakh as compensation to Girish’s family. Those sentenced, apart from Shubha and Arun, are his cousin Dinesh and a local goon, Venkatesh.

After hearing arguments from both sides in the morning, the judge handed out the punishment in the evening session. As soon as he did, Girish’s sister  Sunitha broke down.

Shubha, meanwhile, stayed calm all day, showing no emotion even as the sentence was read out. 

Her father Shankar Narayan got busy discussing the verdict with his lawyers, who later confirmed that they would appeal in the High Court. No member of her family addressed the media. Earlier in the morning, the court hall had filled up quickly as hundreds of advocates trooped in to watch the final day’s proceedings in one of the city’s most high-profile murder cases over the last decade.

 

Categories: Crime by Women

Rise of “Women Criminals” – MEMO to Governor-DGP

15th July 2010

Bangalore

To,

The Director General of Police,
Government of Karnataka, State police H.Q,
O/o D.G.P. no.2, Nrupathunga road, Bangalore, Karnataka

Subject: Despite rise of “Women Criminals” Police is still arresting innocent husbands falsely accused under “Section 498A of IPC”.

 

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “The Times of India” dated 14-July-2010 and also available at the website of the said newspaper.

http://timesofindia.indiatimes.com/city/bangalore/Murder-jigsaw-solved-justice-done/articleshow/6165050.cms

Similarly there was an article published in “Deccan Herald” dated 4-Nov-2009 and also available at the website of the said newspaper.

http://www.deccanherald.com/content/34320/triple-murder-kingpin-arrested.html

This has become a routine and every week newspapers are having news article about adultery and Extra Martial Affairs relationship by wives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that adultery and extra martial relation by wives who are caught by husbands is one of the major reasons for breaking of the marriage. In order to hide their mistakes such women file criminal cases against husbands and all their family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. If the police officer starts justifying the above stand then it will lead to chaos in the orderly civil society wherein any wife who is caught in “Extra Martial affair” or Adultery will more and more start using 498A IPC for “Arrest on Demand” against husband and his family on whom they have grudges with an intention to take revenge and it will lead to collapse of orderly civil society.

I would take this opportunity to bring to your kind attention and notice the judgment of the Honorable Supreme Court of India reported in “1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662” dated “25/04/1994” by Honorable Former Chief Justice VENKATACHALLIAH, M.N.

“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.”

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time to have discussion with you on this subject matter.

 

OUR DEMANDS:

 

  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Stop the involvement of police in “Matrimonial Disputes”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, Your office and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Police

Rise of “Women Criminals” – MEMO to Governor-COP

15th July 2010

Bangalore

To,

The Commissioner of Police,

1, Infantry Police,

Bangalore – 560001

Subject: Despite rise of “Women Criminals” Police is still arresting innocent husbands falsely accused under “Section 498A of IPC”.

 

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “The Times of India” dated 14-July-2010 and also available at the website of the said newspaper.

http://timesofindia.indiatimes.com/city/bangalore/Murder-jigsaw-solved-justice-done/articleshow/6165050.cms

Similarly there was an article published in “Deccan Herald” dated 4-Nov-2009 and also available at the website of the said newspaper.

http://www.deccanherald.com/content/34320/triple-murder-kingpin-arrested.html

This has become a routine and every week newspapers are having news article about adultery and Extra Martial Affairs relationship by wives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that adultery and extra martial relation by wives who are caught by husbands is one of the major reasons for breaking of the marriage. In order to hide their mistakes such women file criminal cases against husbands and all their family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. If the police officer starts justifying the above stand then it will lead to chaos in the orderly civil society wherein any wife who is caught in “Extra Martial affair” or Adultery will more and more start using 498A IPC for “Arrest on Demand” against husband and his family on whom they have grudges with an intention to take revenge and it will lead to collapse of orderly civil society.

I would take this opportunity to bring to your kind attention and notice the judgment of the Honorable Supreme Court of India reported in “1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662” dated “25/04/1994” by Honorable Former Chief Justice VENKATACHALLIAH, M.N.

“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.”

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time to have discussion with you on this subject matter.

 

OUR DEMANDS:

 

  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Stop the involvement of police in “Matrimonial Disputes”.
  • Instruct police to follow earlier circulars issued by your office, Office of the DGP and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Police

Rise of “Women Criminals” – MEMO to Governor-Home Minister-KA

15th July 2010

Bangalore

To,

Dr V.S. ACHARYA

Honorable Karnataka Home Minister,

Room No.315, 315-A
Vidhana Soudha,
Bangalore-560001

Subject: Despite rise of “Women Criminals” Police is still arresting innocent husbands falsely accused under “Section 498A of IPC”.

 

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “The Times of India” dated 14-July-2010 and also available at the website of the said newspaper.

http://timesofindia.indiatimes.com/city/bangalore/Murder-jigsaw-solved-justice-done/articleshow/6165050.cms

Similarly there was an article published in “Deccan Herald” dated 4-Nov-2009 and also available at the website of the said newspaper.

http://www.deccanherald.com/content/34320/triple-murder-kingpin-arrested.html

This has become a routine and every week newspapers are having news article about adultery and Extra Martial Affairs relationship by wives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that adultery and extra martial relation by wives who are caught by husbands is one of the major reasons for breaking of the marriage. In order to hide their mistakes such women file criminal cases against husbands and all their family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. If the police officer starts justifying the above stand then it will lead to chaos in the orderly civil society wherein any wife who is caught in “Extra Martial affair” or Adultery will more and more start using 498A IPC for “Arrest on Demand” against husband and his family on whom they have grudges with an intention to take revenge and it will lead to collapse of orderly civil society.

I would take this opportunity to bring to your kind attention and notice the judgment of the Honorable Supreme Court of India reported in “1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662” dated “25/04/1994” by Honorable Former Chief Justice VENKATACHALLIAH, M.N.

“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.”

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time to have discussion with you on this subject matter.

 

OUR DEMANDS:

 

  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Stop the involvement of police in “Matrimonial Disputes”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, DGP-Karnataka and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Home Minister

Rise of “Women Criminals” – MEMO to Governor-KA

15th July 2010

Bangalore

To,

Honorable Governor of Karnataka
Raj Bhavan, Raj Bhavan Road, Bangalore – 560 001

Subject: Despite rise of “Women Criminals” Police is still arresting innocent husbands falsely accused under “Section 498A of IPC”.

 

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “The Times of India” dated 14-July-2010 and also available at the website of the said newspaper.

http://timesofindia.indiatimes.com/city/bangalore/Murder-jigsaw-solved-justice-done/articleshow/6165050.cms

Similarly there was an article published in “Deccan Herald” dated 4-Nov-2009 and also available at the website of the said newspaper.

http://www.deccanherald.com/content/34320/triple-murder-kingpin-arrested.html

This has become a routine and every week newspapers are having news article about adultery and Extra Martial Affairs relationship by wives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that adultery and extra martial relation by wives who are caught by husbands is one of the major reasons for breaking of the marriage. In order to hide their mistakes such women file criminal cases against husbands and all their family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. If the police officer starts justifying the above stand then it will lead to chaos in the orderly civil society wherein any wife who is caught in “Extra Martial affair” or Adultery will more and more start using 498A IPC for “Arrest on Demand” against husband and his family on whom they have grudges with an intention to take revenge and it will lead to collapse of orderly civil society.

I would take this opportunity to bring to your kind attention and notice the judgment of the Honorable Supreme Court of India reported in “1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662” dated “25/04/1994” by Honorable Former Chief Justice VENKATACHALLIAH, M.N.

“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.”

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time to have discussion with you on this subject matter.

 

OUR DEMANDS:

 

  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Stop the involvement of police in “Matrimonial Disputes”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, DGP-Karnataka and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Governor

Rise of “Women Criminals” – MEMO to CM

15th July 2010

Bangalore

To,

SHRI B.S. YEDDYURAPPA

Honorable Chief Minister

Room No. 323, Vidhana Soudha,
Bangalore-560001

Ph: 22253414, 22253424

Subject: Despite rise of “Women Criminals” Police is still arresting innocent husbands falsely accused under “Section 498A of IPC”.

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “The Times of India” dated 14-July-2010 and also available at the website of the said newspaper.

http://timesofindia.indiatimes.com/city/bangalore/Murder-jigsaw-solved-justice-done/articleshow/6165050.cms

Similarly there was an article published in “Deccan Herald” dated 4-Nov-2009 and also available at the website of the said newspaper.

http://www.deccanherald.com/content/34320/triple-murder-kingpin-arrested.html

This has become a routine and every week newspapers are having news article about adultery and Extra Martial Affairs relationship by wives.

Hundreds of husbands who are harassed and tortured by their wives approach our NGO to seek help. In a survey conducted by our NGO we found that adultery and extra martial relation by wives who are caught by husbands is one of the major reasons for breaking of the marriage. In order to hide their mistakes such women file criminal cases against husbands and all their family members. Such Husbands who are already harassed by their wives are further tortured by the police who are not trained enough to deal with matrimonial disputes.

Since the 498A IPC is non bailable, hence on a mere complaint by the such wives the tendency of the police is to immediately arrest all those named in the FIR and send them to Judicial Custody. Normally the police officer justify such arrests saying 498A IPC is non bailable and since it is a women related matter they have little choice, little realizing that on such a false complaint two more women i.e. mother and sister of the husbands are also arrested. If the police officer starts justifying the above stand then it will lead to chaos in the orderly civil society wherein any wife who is caught in “Extra Martial affair” or Adultery will more and more start using 498A IPC for “Arrest on Demand” against husband and his family on whom they have grudges with an intention to take revenge and it will lead to collapse of orderly civil society.

I would take this opportunity to bring to your kind attention and notice the judgment of the Honorable Supreme Court of India reported in “1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662” dated “25/04/1994” by Honorable Former Chief Justice VENKATACHALLIAH, M.N.

“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.”

In view of the above facts, we submit following list of proposals and demands for your kind consideration. We are available at any time to have discussion with you on this subject matter.

 

OUR DEMANDS:

 

  • No arrest before Final Judgment/Order in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
  • Punishment for those filing false cases under 498A, 304B, Dowry Prohibition Act and related laws.
  • Issue circular to stop arbitrary arrest of elderly persons, children and pregnant sisters on a complaint under 498A IPC.
  • Involve NGOs working in the similar field.
  • Don’t allow wife to use 498A IPC as “Arrest on Demand”.
  • Stop the involvement of police in “Matrimonial Disputes”.
  • Instruct police to follow earlier circulars issued by COP-Bangalore, DGP-Karnataka and the recent Advisory issued by Union Ministry of Home Affairs dated 20-October-2009 vide no 3/5/2008-Judl Cell regarding “Misuse of section 498A of IPC”.

 

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Chief Minister - KA