The Supreme Court of India in an important judgment
passed on 2nd July 2014, said that women are increasingly using the anti-dowry
law to harass in-laws and restrained police from mechanically arresting the
husband and his relatives on mere lodging of a complaint under Section 498A of
the Indian Penal Code. The Supreme Court issued guidelines to be followed by
the police in such matters. The Court further held that these guidelines have
to be followed by the police and magistrates in all cases where offence is
punishable upto 7 years.
Showing posts with label Police. Show all posts
Showing posts with label Police. Show all posts
Friday, July 4, 2014
Wednesday, May 21, 2014
Mobile App for all your questions and queries related to Indian law
Dear friends,
Here is the link to the Mobile app developed out of my book COURTS POLICE AUTHORITIES AND COMMON MAN, which answers all your basic queries about Indian law and Legal system in very user-friendly manner. This app is called 'Indian Law' and is available on google play store for download. You can also download it at following link :
https://play.google.com/store/apps/details?id=com.sgsolicitors.indianlaw
https://play.google.com/store/apps/details?id=com.sgsolicitors.indianlaw
Sunil Goel advocate B.Sc. L.Lb L.Lm
Saturday, November 9, 2013
CBI is not a constitutionally valid police force : Gauhati High Court
The Division Bench of
Gauhati High Court in its detailed judgment on 6th November 2013 in
the case of ‘Navendra Kumar vs Union of India’ has held that CBI is not a
constitutionally valid police force. Tracing the history of the CBI and the
discussions which took place in the Constituent Assembly in 1949 on the issue
of forming a Central bureau of investigation and intelligence while drafting the
Constitution, the court held that it is the exclusive function of state Police
in every state to carry out police functions like investigation, arrest,
seizure, filing chargesheet and prosecution. The Parliament or the Central Government
can make laws regarding police only for the Union Territories and not for the
States. Moreover, the CBI was constituted by a mere Resolution of Ministry of
Home affairs in 1963 and not by any statute and thus this agency is not legally
and constitutionally formed and hence is not competent to take up police functions.
It can only assist the police in collecting information by way of enquiries. The Court thus quashed the resolution which
constituted the CBI and also set aside the order of the Single Judge and
further quashed the chargesheet which was filed by the CBI against the
Petitioner in the designated CBI Court and the consequent trial. The Court
however clarified that quashing of the proceedings, pending in the CBI Court,
would not be a bar to any further investigation by police having jurisdiction
over the subject matter.
Sunil Goel advocate
B.Sc. L.Lb L.Lm
Sunday, October 12, 2008
Supreme Court : Police bound to register the Complaint else face action
The Supreme Court of India recently passed an order thereby alleviating the often made grievance of the public that their compaint is not registered in the form of FIR by the police officers and they have to run from pillar to post for getting the FIR registered.
The relevant part of the said Order reads as under :
“The grievance in the present writ petition is that the occurrence had taken place in the month of May and, in that very month, on 11th May, 2008, the written report was submitted by the petitioner before the officer In-charge of the concerned Police Station, who sat tight over the matter. Thereafter, when the Superintendent of Police was moved, a First Information Report (for short "F.I.R.") was registered.Even thereafter, steps were not taken either for apprehending the accused or recovery of the minor girl child. It is a matter of experience of one of us (B.N. Agrawal, J.) while acting as Judge of Patna High Court, Chief Justice of Orissa High Court and Judge of this Court that in spite of law laid down by this Court, the concerned police authorities do not register F.I.Rs unless some direction is given by the Chief Judicial Magistrate or the High Court or this Court. Further experience shows that even after orders are passed by the concerned courts for registration of the case, the police does not take the necessary steps and when matters are brought to the notice of the Inspecting Judges of the High Court during the course of inspection of Courts and Superintendents of Police are taken to task, then only F.I.Rs are registered. In large number of cases investigations do not commence even after registration of F.I.Rs and in case like the present one, steps are not taken for recovery of the kidnapped person or apprehending the accused person with reasonable despatch. At times it has been found that when harsh orders are passed by the Members of the Judiciary in a State, the police becomes hostile to them for instance in Bihar when a bail petition filed by a police personnel, who was accused was rejected by a member of Bihar Superior Judicial Service, he was assaulted in the Court room for which contempt proceeding was initiated by Patna High Court and the erring police officials were convicted and sentenced to suffer imprisonment. On the other hand, there are innumerable cases that where the complainant is a practical person, F.I.Rs are registered immediately, copies thereof are made over to the complainant on the same day, investigation proceeds with supersonic jet speed, immediate steps are taken for apprehending the accused and recovery of the kidnapped persons and the properties which were subject matter of theft or dacoity. In the case before us allegations have been made that theStation House Officer of the concerned Police Station is pressurising the complainant to withdraw the complaint, which, if true, is a very disturbing state of affairs. We do not know there may be innumerable such instances. In view of the above, we feel that it is high time to give directions to Governments of all the States and Union Territories besides their Director Generals of Police/Commissioners of Police as the case may be to the effect that if steps are not taken for registration of F.I.Rs immediately and copies thereof are not made over to the complainants,they may move the concerned Magistrates by filing complaint petitions to give direction to the police to register case immediately upon receipt/production of copy of the orders and make over copy of the F.I.Rs to the complainants, within twenty four hours of receipt/production of copy of such orders. It may further give direction to take immediate steps for apprehending the accused persons and recovery of kidnapped/abducted persons and properties which were subject matter of theft or dacoity. In case F.I.Rs are not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the concerned Magistrate would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them inasmuch as the Disciplinary Authority would be quite justified in initiating departmental proceeding and suspending them in contemplation of the same. Keeping in mind these facts, we are of the view that notices should be issued to Government of all the States and Union Territories besides Director Generals of Police/Commissioners of Police as the case may be. Issue notice to the Chief Secretaries of all the States and Union Territories and the Director Generals of Police/Commissioners of Police,as the case may be, to show cause as to why aforesaid directions be not given by this Court. Notices may be sent to the parties by Fax and it should be mentioned therein that the order has been put on the Website of the Supreme Court of India so that they may file response without loss of time.”
The relevant part of the said Order reads as under :
“The grievance in the present writ petition is that the occurrence had taken place in the month of May and, in that very month, on 11th May, 2008, the written report was submitted by the petitioner before the officer In-charge of the concerned Police Station, who sat tight over the matter. Thereafter, when the Superintendent of Police was moved, a First Information Report (for short "F.I.R.") was registered.Even thereafter, steps were not taken either for apprehending the accused or recovery of the minor girl child. It is a matter of experience of one of us (B.N. Agrawal, J.) while acting as Judge of Patna High Court, Chief Justice of Orissa High Court and Judge of this Court that in spite of law laid down by this Court, the concerned police authorities do not register F.I.Rs unless some direction is given by the Chief Judicial Magistrate or the High Court or this Court. Further experience shows that even after orders are passed by the concerned courts for registration of the case, the police does not take the necessary steps and when matters are brought to the notice of the Inspecting Judges of the High Court during the course of inspection of Courts and Superintendents of Police are taken to task, then only F.I.Rs are registered. In large number of cases investigations do not commence even after registration of F.I.Rs and in case like the present one, steps are not taken for recovery of the kidnapped person or apprehending the accused person with reasonable despatch. At times it has been found that when harsh orders are passed by the Members of the Judiciary in a State, the police becomes hostile to them for instance in Bihar when a bail petition filed by a police personnel, who was accused was rejected by a member of Bihar Superior Judicial Service, he was assaulted in the Court room for which contempt proceeding was initiated by Patna High Court and the erring police officials were convicted and sentenced to suffer imprisonment. On the other hand, there are innumerable cases that where the complainant is a practical person, F.I.Rs are registered immediately, copies thereof are made over to the complainant on the same day, investigation proceeds with supersonic jet speed, immediate steps are taken for apprehending the accused and recovery of the kidnapped persons and the properties which were subject matter of theft or dacoity. In the case before us allegations have been made that theStation House Officer of the concerned Police Station is pressurising the complainant to withdraw the complaint, which, if true, is a very disturbing state of affairs. We do not know there may be innumerable such instances. In view of the above, we feel that it is high time to give directions to Governments of all the States and Union Territories besides their Director Generals of Police/Commissioners of Police as the case may be to the effect that if steps are not taken for registration of F.I.Rs immediately and copies thereof are not made over to the complainants,they may move the concerned Magistrates by filing complaint petitions to give direction to the police to register case immediately upon receipt/production of copy of the orders and make over copy of the F.I.Rs to the complainants, within twenty four hours of receipt/production of copy of such orders. It may further give direction to take immediate steps for apprehending the accused persons and recovery of kidnapped/abducted persons and properties which were subject matter of theft or dacoity. In case F.I.Rs are not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the concerned Magistrate would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them inasmuch as the Disciplinary Authority would be quite justified in initiating departmental proceeding and suspending them in contemplation of the same. Keeping in mind these facts, we are of the view that notices should be issued to Government of all the States and Union Territories besides Director Generals of Police/Commissioners of Police as the case may be. Issue notice to the Chief Secretaries of all the States and Union Territories and the Director Generals of Police/Commissioners of Police,as the case may be, to show cause as to why aforesaid directions be not given by this Court. Notices may be sent to the parties by Fax and it should be mentioned therein that the order has been put on the Website of the Supreme Court of India so that they may file response without loss of time.”
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