In a bold order Supreme Court has ruled out that there will be no more arrests in 498A without investigation. This is the first blow on 498A in last many years. If this ruling is not followed it will be treated as contempt of court. All the state governments are instructed accordingly. All the magistrates will have to follow this order. Even if police arrests a person in 498A the magistrate will have to cite reasons for detaining a person in custody.
So cheer all the victims of 498A. All cheer all the husbands on whom the errant wives are planning to lodge 498A. Obviously the women of India have misused the law and what was meant for their defense they made it for offence. The poor husbands had become escape goats in hands of women, lawyers and police. Complete story here in Times of India:
Husband and his mother were tortured by wife and her family. An outsider muslim person was the mastermind. Ten false cases were lodged upon husband including sections 498A, 307, 420, 354, 380 till Dec 2014. Husband was blackmailed for his entire property and business otherwise face 498A. Husband was forced out from his ancestral home and till Dec 2014 husband was staying elsewhere. Several women in India take help of 498A to falsely trap husband and his family to extort money. This extortion racket is being run by few corrupt police officers, lawyers, PP’s and pimps. This blog aims to prepare awareness in due process of law. Husband was helped by internet when he was in trouble and there was no ray of hope. The purpose of the blog is to help people in distress and give them support and guidelines based on real facts to come out of the trap of law abuse. The content of this blog is based on public documents, individual opinions, observations and beliefs which the author of the blog believes true to the best of knowledge. The intent is not to slander or defame any person or institution and is the manifestation of author’s right to freedom of expression – with all the protections this right guarantees
On 18th May 2012 Prabhusankar Agarwal, his son Manish, nephew Sharad and 100 kg niece Poonam Saraf surrounded husband and his mother at around 11’O clock at night and physically assaulted them. Then they took husband to police station and blackmailed him for around seven hours in night along with police officials to pay money or face 498A. The brother in law Mahesh requested them not to do 498A since it would make the lives of children miserable. They post-ponded the idea of doing 498A on his advise.
Then the wife Manju Agarwal threatened and blackmailed husband continuously for 2 month for either transfer the properties and business to wife or face 498A. Husband and his mother were forced to leave their ancestral home and stay with relatives. After kicking husband out from home the wife filed 498A in july 2012. Then they altogether filed 10 false criminal cases on husband and his associates till Aug 2014. Every time husband would try to come back his own home the wife would do drama of self assault. Corrupted police would file yet another criminal case on husband.
In Feb 2013 Manju and her daughter had locked the husband in his own room and handed over to police. Husband was charged with attempt to murder (section 307). He had to stay in police custody for two days. There he was tortured and roped with other criminals presumably on beck and call of wife. Husband was in deep trauma for over 3 months. Later on in charge sheet husband was relieved from attempt to murder charge.
Wife Manju again filed other false criminal cases in month of June 2013, Feb 2014, Aug 2014. Husband silently bore and watched all this.
Probably this is the only case in India where 498A was inflicted after 24 years of marriage and wife stayed back in home whereas husband with mother was kicked out of his own home. Husband was not allowed to even take his shoes, clothes, belongings and passport. Husband made several complaints to administration with no effect.
Husband is fighting all false cases. He has become stronger. Over time he is sure to come out of this mess. He will be a tough man helping people in distress. By end of Dec 2014 husband has filed for divorce. He is sure of getting divorce in reasonable time. Husband now believes in spending life unmarried and serve the nation. Husband always remembers his son who was made victim of circumstances. Remembrance of son is there in eyes of his father in form of tears. Husband never knows whether he will ever be able to meet his son.
Friend, I agree with you. When police is corrupt the laws cannot do anything. But all this is creating very bad reputation of Indian women. We follow the British law system which British do not follow.
The effect of all this is women’s power would decrease day by day. You cannot empower women by making arrests of men. We are witnessing everyday that crimes against women have increased. Women are at the mercy of social system.
As you have rightly said 498A is money spinning machine for judiciary, police and lawyers. 498A keeps them busy. The Indian law will not improve. We Indians need to make our ways from the cracks of laws.
Experience has shown us that if required bribe the police. Due to this huge corruption there is need for black money generation. So whatever the government does the black money will never vanish.
The foremost thing to do is to scrap 90% of court cases. In most of cases the government is litigant. PP makes money in every case. Many cases are fought for over years of which even a child can say nothing would happen. It’s all business.
Sir,
Even after knowing Criminal Justice System and Police in so much detail, Are you still contended with this move? There have been atleast a dozen Supreme Court Habeus Corpus Magna Carta cases in past, most notable of them is Joginder Kumar vs. State of UP. In all such cases, it was clearly outlined that CrPc checklist is to be followed (that 14 point) in order to identify if arrest is required or not. This judgement is nothing but a repeat of previous judgements, please read the text of judgement it quotes for earlier judgements. Police is highly corrupt. The checklist is subjective. It contains points like “If accused is a non-native to place of crime”. This point alone is sufficient for arrest. Investigating Officer will write “wife informed that Accused relatives are settled in foreign country”, or in another part of India (99% will fall in this category, all of us have relatives who’re settled abroad or in other parts of country). IO will then continue with arrest. Delhi police has standing orders that without written orders of DCP, arrests can’t happen in 498A but they do happen. Since it’s a money spinner for Judiciary, Police and lawyers. This ruling is unhelpful and wasteful. There have been a dozen such rulings in past. Unless this Indian Police Act of 19th century is scrapped and new comprehensive law detailing every single step in investigation, arrest, functioning is laid down, we’re at the mercy of this system.
Truly said. See my comments above