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Yet Another - Vizag Commissioner says no Arbitrary Arrests 
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
I am copying this message without permission from SIF yahoogroups. Hope the writer does not mind

Dear Activists,

Early reports from Vizag say that the city Police Commissioner has
agreed to stop all arrested in section 498a cases as per supreme court
guidelines and is sending the directive to all police stations.

Today morning, Vizag SIF chapter founder Mr.B.K.Agarwal and another
30 activists met the Vizag Police Commissioner and submitted a 3-page
letter along with attachments like Supreme court guidelines, order of
Hyderabad police commissioner etc.

The Police Commissioner immediately agreed with the contents of the
letter and has promised to immediately send the orders. The police
commissioner also agreed that we can have a press conference tomorrow
about this.

Mr.B.K.Agarwal is now busy preparing press release.

============ =====
It is interesting to see that 30 new activists including 11 women
came to police commissioner' s office in a weekday.
============ =====

We must acknowledge their spirit.

Best Regards
Gorky
Bangalore


Wed Oct 15, 2008 12:53 pm
Profile YIM

Joined: Tue Sep 30, 2008 6:12 am
Posts: 93
Location: Mumbai
Early reports from Vizag say that the city Police Commissioner has
agreed to stop all arrested in section 498a cases as per supreme court
guidelines and is sending the directive to all police stations.


Shonee can i get the "AS PER SUPREME COURT GUIDELINES " which statwes there should be any arbitrary arrests ...


Mon Nov 24, 2008 11:07 am
Profile YIM

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
The Supreme Court order is that there should be "NO" aribtrary arrests.

There are many judgements in this regard "Joginder Singh Vs. State of UP" has codified the rights of arresttee and generic guidelines when arrest should be affected. However, in the matters of when arrest should be affected, a lot of discretionary powers are given to Police, but with a rider, that this discretion should not be misused.

Regards,
Shonee


Mon Nov 24, 2008 11:29 am
Profile YIM

Joined: Tue Oct 23, 2007 4:40 am
Posts: 429
Location: USA
The supreme court judgement is from 1994! setting general guidelines about arrest procedures.
Check this thread for the supreme court judgements: Directions to punjab police regarding dowry cases - 2005

Don't forget to look at http://judgements.498a.org for typical judgements related to marital discords.


Mon Nov 24, 2008 12:15 pm
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Joined: Tue Mar 11, 2008 6:39 am
Posts: 216
http://www.hindu.com/2009/02/02/stories ... 820300.htm

CP’s instructions given the go-by?

Sumit Bhattacharjee

VISAKHAPATNAM: Despite the written instructions from Commissioner of Police N. Sambasiva Rao to all police stations not to arrest people without proper investigation and obtaining orders from a superior officer in connection with cases under Section 498 A of the IPC, junior officers seem to continue to arrest people without following the instructions.

This was revealed by coordinator of the Save Indian Family Foundation (SIFF) B.K. Agarwal to The Hindu. He said that the foundation obtained the details of arrests under the RTI Act from the Fifth Town Police Station in this regard.

A detailed report from the Inspector of Police, Fifth Town, revealed that the number of cases booked under cognisable offences from October 18 to December 17, 2008, were 77. Out of which, 22 were under the 498 A section and the remaining comprised of other offences. While the number of arrests in the 498 A cases was 62, the arrests under the remaining 55 cases were 57. “This clearly indicates that the arrests under the 498 A section go unabated. As per details revealed, all the arrests were made within 48 hours and without any investigation or obtaining orders from the higher authorities,” said the SIFF coordinator. He termed the attitude of the junior officers as “unjust and outright contempt of both the Supreme Court’s order and the Commissioner’s instructions.” The Apex court, in its judgment of Joginder Kumar Vs State of UP, had clearly notified that all arrests under the section should be made after proper investigation and obtaining an order from a senior officer of DCP rank.


Thu Feb 19, 2009 2:52 am
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Joined: Fri Jan 23, 2009 4:50 am
Posts: 666
It is very hard, I mean really really hard for these guys to let go of the moolah from easy prey. What did anyone expect from the Commissioner of SCUM and his VOMIT department.


Fri Feb 20, 2009 10:54 am
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Joined: Fri Jan 23, 2009 4:50 am
Posts: 666
It would be very safe to understand/assume that 498a IPC cases constitute 30 % of all cases in all of Indian Police Stations and 50% of all arrests in India for last 5 years. Anyone has a statistic in this. No wonder they made the Cr.P.C Amendment.

Keep it going Mr.Commissioners and Learned Magistrates/Judges. I will feel very proud of my country in another 20 years when my children come of marriageable age.

My special wishes to Hon.Minister Renuka and Girija madam. Please start some more franchise 498a brothels in other countries. Spread the word and please we need one more law relating to DV^2 Act. We dont need any laws related to poverty or education.

If "a hiccup is a crime" is not a law as yet - beware, anytime it will get implemented.


Fri Feb 20, 2009 11:09 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Dear Hanuman,

As per the latest data of NCRB, 498-A forms only less than 2% of all cognziable crimes in the country.

And if someone is not enforcing the directions of the commissioner, he is liable for action.

Don't be pessimistic, just carry on with your fight by posting letters to commissioner and others.

Regards,
Shonee


Fri Feb 20, 2009 2:52 pm
Profile YIM

Joined: Fri Jan 23, 2009 4:50 am
Posts: 666
Dearest Shonee Bhai,

Please define/links/evidence your latest data points. Are you talking of 2005 or 2004 ? The police are scum I repeat SCUM... and the evidence is right in front of you -- in previous post itself.

FYI: Contempt of court-pessimistic..what not-- you are living in a dream world, forget it pal -- my friend- read this :
http://www.pudr.org/index.php?option=co ... &Itemid=70

Being informed is something-- being ignorant is something else. This is the real INDIA ! Somehow we dont see it and bother about our own software and cush jobs. These are real and ask any cop and he will say he is sick himself even though he admits because he doesnot think otherwise. Get a police relative or befriend him with 2 beers you will know the truth and dark secrets. Not that you dont know but dont act like you hear it but dont hear it.

I see your point but see the bigger picture. I look forward to your reply.

I challenge and you will see for yourself that they have done nothing in their action taken report or reply given and what they have done. They will do nothing my friend when all of these 62 people could have avoided a loss to their reputation and feel betrayed and have a feeling next to shit. They will never be the SAME !


Fri Feb 20, 2009 5:29 pm
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Joined: Sat May 06, 2006 12:42 pm
Posts: 684
Location: Bangalore/USA/Europe
Hanuman,
It is well known that the situation is bad. Being pessimistic and thinking that worst abuses will continue to happen is one thing.

But as I see it, Shonee is encouraging some type of action to change the situation. There is a lot of merit to it, even if one thinks that change will not happen in one's lifetime! In the last decade, undoubtedly due to various action-oriented people there has been a lot of awareness. That is the first step. Without giving in, victims should fight with increased knowledge & smart means.


Sat Feb 21, 2009 12:13 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
:-) Hanuman,

I don't drink. I don't bribe. I don't allow pessimism to get better of me.

I reason with people, I fight for my rights and I think that working on anything would be my only chance to bring the necessary change.

What would I get by abusing someone. I can rather get something by talking to him in a humble tone.

Regards,
Shonee

PS: NCRB data can be found on www.ncrb.gov.in


Sat Feb 21, 2009 2:16 pm
Profile YIM

Joined: Tue Mar 11, 2008 6:39 am
Posts: 216
A poem "September 1, 1939" by W.H. Auden

I and the public know
What all schoolchildren learn,
Those to whom evil is done
Do evil in return.


But then we have to remember what Mahatma Gandhi said...
"An eye for an eye makes the whole world blind."


I am feeling little bitter right now. So even though 2nd one sounds right I am subscribing to the 1st view for now.


Sun Feb 22, 2009 1:10 am
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Joined: Sun Jun 29, 2008 4:00 am
Posts: 568
It is better to be pragmatic and learn to bend with the situation. If the situation demands that rules be bent so be it. :)

But it is advisable for us to let go of the bitterness and learn to embrace the second chance to lead a fulfilling life whole-heartedly. No point in cribbing or crying over spilt milk.

_________________
Read the Surivival Kit - http://ipc498a.wordpress.com/2007/07/01 ... vival-kit/


Sun Feb 22, 2009 4:43 am
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Joined: Fri Jul 05, 2013 12:25 pm
Posts: 8
Location: Visakhapatnam
The mindset of police is yet to change even after years.

In response to all false allegations by my wife in her FIR (498a) submitted to Visakhapatnam PS, I applied for Anticipatory Bail (AB) with all necesary proofs and received AB for my family (Myself and my parents). I (along with my parents) went to the local Visakhapatnam PS to surrender with AB copies given by court and necessary surrities, but the Investigation Officer was not ready to accept the court order and was not ready to accept my surrender. I approached them many a times but finally vexed I applied for direct surrender to Visakhapatnam court. My request for direct surrender to court was accepted.

This surrender to court was much easier and quick. This was completed in about 4 hours total.

I just pity this Investigation Officer (IO) for this case. Though he is a new recruit he, his seniors & juniors are deep stuck in the backhand dealings given by my wife's brother and parents. This IO has not done any realistic investigation and they only tried to manipulate the information based on their understanding with my wife's party.


Mon Dec 23, 2013 7:56 am
Profile YIM
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