Crime against women: Karnataka sees 90% accused walk free

Crime against women: Karnataka sees 90% accused walk free

Arun Dev, TNN Jan 30, 2014, 06.33PM IST

BANGALORE: Notwithstanding enhancements in their economies, or the cosmopolitan status they enjoy allowing women to break traditional ceilings of society, Karnataka, Gujarat and Maharashtra seem to be doing little to protect women.

Conviction rate in Karnataka was 11.6 per cent in 2010, dropping to 9.3 per cent in 2011. In 2012, just 434 of the 23,525 charge-sheeted, went to jail, forming 6.5 per cent

Karnataka, Gujarat and Maharashtra are the states with the worst record of conviction for crime against women, with more than 90 per cent of the accused in the said states walking free from courts.

Analysis of Ministry of Home Affairs' data reveals that conviction rates in these states have been less than 10 per cent for over three years, as opposed to the national average of 21 per cent to 27 per cent. 

During the same time, states of Gujarat and Maharashtra record an average conviction rate of 4.6 per cent and 5.9 percent respectively, from 2010-2012.

Bangalore city police commissioner Raghavendra Auradkar told TOI: "I agree that we are going wrong somewhere and we need to wake up to this reality and act."

Referring to a recent acquittal, an investigating officer said when he took the complaint of domestic violence three years ago, it appeared water-tight. "However, the victim turned hostile after her husband agreed for divorce and compensation," he said.

Conviction rate:
2010 2011 2012
Gujarat 5.3% 4.1% 4.5%
Karnataka 11.6% 9.3% 6.5%
Maharashtra 5.9% 6.5% 5.5%
West Bengal 9.6% 9.2% 7.8%
National Avg 27.8% 26.9% 21.3%
(Source: Ministry of Home Affairs)
http://articles.timesofindia.indiatimes.com/2014-01-30/bangalore/46826754_1_conviction-rate-karnataka-maharashtra

Delhi Cops rapped for hasty arrest in Dowry harassment ipc 498a case

Delhi Cops rapped for hasty arrest in Dowry harassment ipc 498a case

TNN | Jul 8, 2013, 04.22 AM IST

NEW DELHI: Delhi Police's act of immediately arresting a man after the registration of an FIR in a domestic violence case has come under a trial court's scanner as cops had failed to follow the directions laid down by the Delhi high court.

The court was referring to the Delhi Police commissioner's standing order, which said that no case under Section 498A (dowry) or 406 (criminal breach of trust) of IPC should be registered without his prior approval. The standing order was issued after the high court said the main accused should be arrested only after a thorough investigation.

While granting interim bail to the man arrested immediately after the FIR was registered against him under Section 498A, the metropolitan magistrate said, "It is clear from the assertions of the investigating officer that the judgment of HC and the subsequent standing order of commissioner of police, Delhi, have not been duly complied by the concerned official before lodging of the FIR. So, the bail application of the accused is allowed and interim bail is confirmed."

The man's counsel, Prashant Mendiratta, submitted that his client was arrested by the police even when no permission had been taken from the DCP. He also said that the police had acted illegally and the FIR was registered without following the high court's order.

When the court issued a notice to the DCP seeking a reply on the matter, it was informed that "an explanation has been sought from the investigating officer in the case and necessary disciplinary action will be taken against them after receiving their replies".

The court granted interim bail to the man after going through the submissions of the police.

The judgment of HC and the subsequent standing order of the Delhi Police commissioner have not been complied with by the police officer before lodging the FIR, said the trial court.

http://timesofindia.indiatimes.com/city/delhi/Cops-rapped-for-hasty-arrest/articleshow/20963896.cms

Cash-for-query scam: Delhi high court quashes charges against journalists

Cash-for-query case: HC reprieve for journos

24 sep 2010

New Delhi: Defending sting operation as a means to expose corruption, the Delhi High Court today quashed criminal proceedings against two journalists who unearthed the cash-for-query scam involving MPs in 2005, giving a boost to investigative journalism.

Observing that corruption in the country has now taken "deep roots", the court also said that acting as "agent provocateurs" to expose graft at higher level does not amount to abetting this crime.

Giving reprieve to Mr Anirudh Bahal and Ms Suhasini Raj, Justice S.N. Dhingra set aside the trial court order of July six, 2009 taking cognisance of the chargesheet filed by the Delhi police against the two investigative journalists.

The court also slammed the Delhi police for its handling of the sensational scam, saying it seems to have "acted as 'his master's voice' of the persons in power"

Both Mr Bahal and Ms Raj, reporters from website CobraPost.com, had challenged a summoning order issued by a Special Judge in connection with the sting in which 11 MPs from different political parties were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005.

The expose 'Operation Duryodhan' was shown on Aajtak news channel. The inquiry committee of both the Houses of Parliament had recommended the expulsion of the MPs — 10 from Lok Sabha and one from Rajya Sabha.

"I consider that in order to expose corruption at higher level and to show to what extent the State managers are corrupt, acting as agent provocateurs does not amount to committing a crime," Justice Dhingra said.

"Charging the petitioners under Prevention of Corruption Act would amount to discouraging the people of this country from performing their duties enjoined upon them by the Constitution as well as the Criminal Procedure Code," the court said.

"I consider that it is built-in fundamental duties that every citizen must strive for a corruption-free society and must expose the corruption whenever it comes to his or her knowledge and try to remove corruption at all levels more so at higher levels of management of the State," it added.

The Delhi police had registered an FIR against the two journalists for abetting the crime of giving bribes for MPs for raising questions in the Parliament.

"The corruption in this country has now taken deep roots. Chanakaya in his famous work Arthshastra advised and suggested that honesty of even judges should be periodically tested by the agent provocateurs," Justaice Dhingra said.

Justifying the mode of operation adopted by the journalists to expose the scam, the judge at another point again said that citizens can act as agent provocateurs to bring out and expose and uproot the corruption.

The court dismissed the contention of the police that the journalists should have informed it about the scam and it would have taken action against the corrupt MPs saying that it is well known what is the fate of whistle blowers in the country.

http://www.deccanchronicle.com/node/182871

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More @

http://www.deccanherald.com/content/99173/hc-quashes-charges-against-journalists.html

HC quashes charges against journalists in cash-for-query scam

New Delhi, Sep 24 (PTI)

The Delhi High Court today quashed charges against two journalists for carrying out a sting operation against the then legislators for allegedly demanding money to ask questions in Parliament in 2005.

Justice S N Dhingra quashed the trial court order of July six, 2009 of taking cognisance of the chargesheet filed against the two journalists Anirudh Bahal and Suhasini Raj.
"Charging the petitioners under Prevention of Corruption Act would amount to discouraging the people of this country from performing their duties enjoined upon them by the Constitution as well as the Criminal Procedure Code," the court said.
Both the journalists, reporters from website Cobra Post.com, had challenged a summoning order issued by a Special Judge after taking cognisance of the chargesheet filed against them along with the tainted MPs by Delhi Police.

The court had on September 17 reserved its order on the petition of the journalists, who conducted sting operation to highlight the cash-for-query scam involving 11 MPs of different political parties.
During the arguments, Delhi Police's counsel had justified the initiation of proceedings against Bahal and Raj contending they had offered money to the then parliamentarians which was an encouragement to corruption.However, the argument was countered by the counsel for the reporters who had submitted that if the money had not been offered to the MPs, the sting operation would not have been conducted.
Eleven MPs were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005.The inquiry committee of both the Houses of Parliament had recommended the expulsion of the 11 MPs- ten from Lok Sabha and one from Rajya Sabha.
The police, on the recommendations of the parliamentary committee, registered FIRs against the reporters and probed the role of the middleman in the sting operation.
The FIR was filed under sections 12 and 13 of the Prevention of Corruption Act and section 120 B (Conspiracy) of the Indian Penal Code.
The reporters had then approached the High Court seeking to quash the proceedings against them, alleging that the police were shielding the corrupt MPs and framing them in the case instead.
Following a chargesheet by the specialised Crime Branch of the Delhi Police, Special Judge Rakesh Siddharth had summoned the reporters as well as the MPs.
The proceedings against the MPs would continue for the time being before the Special court.

 

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Cash-for-query scam: Delhi high court quashes charges against journalists

In a reprieve for two investigative journalists, the Delhi high court today quashed charges against them for conducting a sting operation to expose the cash-for-query scam involving Members of Parliament in 2005.

Justice SN Dhingra set aside the trial court order of July 6, 2009 taking cognisance of the charge sheet filed against the two journalists - Anirudh Bahal and Suhasini Raj - by the Delhi police.

"Charging the petitioners under Prevention of Corruption Act would amount to discouraging the people of this country from performing their duties enjoined upon them by the Constitution as well as the Criminal Procedure Code," the court said.

Both Bahal and Raj, reporters from website Cobra Post.com, had challenged a summoning order issued by a special judge after taking cognisance of the chargesheet filed against them along with the tainted MPs by the Delhi police.

The court had on September 17 reserved its order on the petition of the journalists, who conducted the sting in which 11 MPs from different political parties were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005. The expose 'Operation Duryodhan' was shown on Aajtak news channel.

The inquiry committee of both the Houses of Parliament had recommended the expulsion of the MPs--ten from Lok Sabha and one from Rajya Sabha.

During the arguments, Delhi police's counsel had justified the initiation of proceedings against Bahal and Raj contending they had offered money to the then parliamentarians which was an encouragement to corruption.

However, the argument was countered by the counsel for the reporters who had submitted that if the money had not been offered to the MPs, the sting operation would not have been conducted.

The police, on the recommendations of the parliamentary committee, registered FIRs against the reporters and probed the role of the middleman in the sting operation.

The FIR was filed under sections 12 and 13 of the Prevention of Corruption Act and section 120 B (Conspiracy) of the Indian Penal Code.

The reporters had then approached the high court seeking to quash the proceedings against them, alleging that the police were shielding the corrupt MPs and framing them in the case instead.

Following a charge sheet by the specialised Crime Branch of the Delhi police, special judge Rakesh Siddharth had summoned the reporters as well as the MPs.

The proceedings against the MPs would continue for the time being before the special court.

http://www.dnaindia.com/india/report_cash-for-query-scam-delhi-high-court-quashes-charges-against-journalists_1442395

Court asks CP for inquiry into registration of fake FIRs

Court asks CP for inquiry into registration of fake FIRs

PTI

New Delhi, Aug 1 (PTI) A court here has asked the Delhi Police Commissioner to get an inquiry done into the registration of fake FIRs after noting that a witness, who was termed as complainant in a robbery case, had denied the occurrence of any such incident.

Additional Sessions Judge Kamini Lau noted the police officers had registered two FIRs on the alleged robbery of a mobile phone, which was handed over to the complainant in one case, after it was pointed out by Shivendra Biswas, counsel for one of the accused.

The complainant, Nitin, said while recording the statement before the court that no incident of robbery as alleged had taken place. He deposed that he was taken to the Jahangirpuri police station in March where the case was registered at the instance of one Kuldeep Soni who ran a news channel in the name of K-7 News channel. It was pointed out to the court by the counsel that Nitin had testified that he took one old mobile phone from Vishwajeet whereas Vishwajeet had himself lodged another case for the robbery of the same phone. "I am shocked to observe that the allegations and narration of the incident is absolutely similar in both the FIRs,"

ASJ Lau said. "If what has been testified by the witness Nitin that the present FIR has been registered on an incident which never took place is correct, then it is a serious matter that life and liberty of four young boys has been curtailed in violations of all existing norms," the court added. It said an offence under the provisions of Indian Penal Code would be made out not only against Kuldeep Soni but also against all such officers of Police Station Jahangir Puri who were involved in registration and investigations of the present case in respect of an incident which did not happen.

The court asked the police chief to get the matter investigated by an independent agency to get to its bottom and file a report to it within 15 days. It also directed the Deputy Commissioner of Police (north-west) to ensure safety and security of 18-year-old Nitin by saying that no public person, including Kuldeep, and police officers of Jahangirpuri police station should approach him. The court also allowed bail application of all the accused, except one, who were arrested in the case.

http://ibnlive.in.com/generalnewsfeed/news/court-asks-cp-for-inquiry-into-registration-of-fake-firs/230883.html