Dowry harassment law misused for extortion: Delhi Court

Dowry harassment law misused for extortion: Delhi Court

Full text available @ http://legalmanthan498adowrymisuse.blogspot.com/2011/10/husband-in-laws-acquitted-in-dowry.html

By IANS,

NEW DELHI, October 9, 2011
 
New Delhi : A Delhi court has acquitted a man and three of his family members in a dowry harassment case, saying that legal provisions are often misused for "human rights violations, extortion and corruption".
Asking the woman complainant to move on in life, Additional Sessions Judge Kamini Lau said: "A word of advice for the complainant that not all relationships in this world are successful. In fact, most relationships which appear to succeed are only based upon compromises. Let go of the past which is painful since attaching yourself to it will only give pain and miseries and help none."
"I may further observe that section 498-A (penal provision on husband or relative of husband of a woman subjecting her to cruelty) in recent years has become the consummate embodiment of gross human rights violations, extortion and corruption, and even the Supreme Court of our country has acknowledged this abuse and termed it as 'legal terrorism'," said Lau.
"The provisions of Section 498-A are not a law to take revenge, seek recovery of dowry or to force a divorce but a penal provision to punish the wrongdoers," the court said Friday.
"The platform of the courts cannot be permitted to be used to wreak personal vendetta or unleash harassment and the tendency of the complainant to come out with inflated and exaggerated allegations by roping in each and every relative of the husband is required to be deprecated," the court said.
"The obligation of the court is to ensure that innocent persons are not put to harassment and to curtail the frivolous allegations at the earliest stage by looking for due corroboration from the facts," she said.
"The victims are often misguided into exaggerating the facts by adding those persons as accused who are not connected with the harassment under a mistaken belief that by doing so they are making a strong case as has happened in the present case where the complainant has involved the entire family of the husband - father-in-law, mother-in-law and brother-in-law," said Lau.
The court was hearing an appeal filed by the prosecution against a metropolitan magistrate's decision to acquit the woman's husband and his relatives.
The prosecution stated that magisterial court while acquitting the accused had not applied its mind as there was evidence on oath by a witness who said that the material goods given by the family of the woman to her husband at the time of the marriage were still with the accused.
While acquitting the four accused in the case, Lau said: "It is not safe to rely upon the uncorroborated testimony of the complainant."
"There is no independent corroboration of the allegations levelled by the woman against her husband Sanjay Kumar, father-in-law Vijay Kumar, mother-in-law Beena Devi and brother-in-law Ranjit," the court observed.
"When the entire family of the complainant including her own father and brother have not supported her version in the court, perhaps wanting her to move on in life, how then can one find fault with the order of the trial court," the court asked.

http://twocircles.net/2011oct09/dowry_harassment_law_misused_extortion_court.html

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Husband, in-laws acquitted in dowry harassment case 

NEW DELHI, October 9, 2011

http://www.thehindu.com/news/cities/Delhi/article2523056.ece

Advising an alleged victim of dowry harassment to forget the past and move on, a court here has acquitted four accused in the case, saying that there is no independent corroboration of the allegations levelled by the woman against her husband, father-in-law, mother-in-law and brother-in-law.

While acquitting Sanjay Kumar, Vijay Kumar, Beena and Ranjit, Additional Sessions Judge Kamini Lau also observed that it was a case of misuse of Section 498A (making unlawful demands from a married woman by the members of her matrimonial home and subjecting her to cruelty for that) of the India Penal Code as the woman had arraigned the entire family of her husband.

“….Section 498-A in recent years has become the consummate embodiment of gross human rights violation, extortion and corruption, and even the Supreme Court of our country has acknowledged this abuse and termed it as ‘legal terrorism'. The provisions of Section 498-A IPC are not a law to take revenge, seek recovery of dowry or to force a divorce but a penal provision to punish the wrong doers. The victims are often misguided into exaggerating the facts by adding those persons as accused who are not connected with the harassment under a mistaken belief that by doing so they are making a strong case as has happened in the present case where the complainant has involved the entire family of the husband i.e. father-in-law, mother-in-law and brother-in-law,” Ms. Lau observed.

The judgment came on an appeal against the acquittal of the accused persons filed by the prosecution submitting that there had been a miscarriage of justice in the matter.

The appeal further said that the Metropolitan Magistrate while acquitting the accused had not applied her mind as there was evidence on oath by a witness who said that the material goods given by the family of the woman to her husband at the time of the marriage were still with the accused persons.

However, the accused persons rebutted the charge saying that the matter had been settled and all the goods had been returned to the woman. In support of it they also produced before the court the memo of understanding duly signed by the woman and members of her husband's family.

Further, the father and the younger brother of the woman also refused to support her charges against the accused persons. She alleged that her husband used to harass her father for television, fridge, scooter and a gold chain. She further charged that she was once admitted to a hospital for treatment of her injuries caused by her husband and her father had paid the medical bill but her father refused to support it.

Her father and brother separately submitted before the court that the victim had no concern with the accused persons, and she was likely to separate from him.

Quoting a relevant stanza from a popular lyric of famous Urdu poet Sahir Ludhianvi which reads: “Taaruf rog ho jaaye to usko bhoolna behtar; Taalluk bojh ban jaaye to usko todna achcha; Vho afsaana jise anjaam tak laana na ho mumkin; Use ek khoobsoorat mod dekar chhodna achcha,” Ms. Lau dismissed the appeal and said that “now is the time for the complainant (woman) to move forward”.

***
 http://www.expressindia.com/latest-news/court-raises-concern-over-false-dowry-cases/857523/

Court raises concern over false dowry cases

New Delhi Expressing concern over misuse of penal provisions for dowry harassment, a Delhi court told women that it is better to get out of a sour marriage instead of becoming vengeful.
The court’s concern was expressed during a ruling by Additional Sessions Judge Kamini Lau, upholding the acquittal of a man and his three family members of the charges of harassing his wife. She cited a Supreme Court verdict that termed it as “legal terrorism”.
“I may observe that Section 498A (subjecting woman to cruelty) of IPC in recent years has become a consummate embodiment of gross human rights violation, extortion and corruption. Even the SC had acknowledged this,” ASJ

Lau said.

Misuse of dowry provisions is legal terrorism: Delhi Court

Misuse of dowry provisions is legal terrorism: Delhi Court

Smriti Singh, TNN, Mar 3, 2011, 01.39am IST

NEW DELHI: Terming the misuse of provisions of dowry harassment by women as "legal terrorism'', a trial court has slammed such women who, in a bid to settle scores, drag all family members into a dowry harassment case though they may be "totally unconnected" with the case.

"The provisions of Section 498A are not a law to take revenge, seek recovery of dowry or to force a divorce but a penal provision to punish the wrongdoers. The victims (women) are often misguided into exaggerating the facts by adding those persons as accused who are unconnected with the harassment under a mistaken belief that by doing so they are making a strong case," additional sessions judge Kamini Lau said.

The court's remarks came while discharging a man, who was chargesheeted by police for allegedly harassing his sister-in-law for dowry. A metropolitan magistrate had summoned the man on the basis of the complaint. The man had moved the sessions court challenging the magistrate's order saying there was no legal evidence against him.

Even as the complainant alleged that the man beat her up for dowry, the court was shocked to know that he was not even present in the house at the time of the incident. In her complaint, the woman alleged that her brother-in-law on October 23, 1998, asked her to bring more money for her husband and when she showed her helplessness, she was slapped and threatened by him.

The man, however, proved his innocence by producing the certificates which stated that he was living in Mumbai at the time of the incident. After going through the record, ASJ Lau said, "in any matrimonial dispute, it is the primary duty of every court to ensure that for any fault of the husband, his other relatives including married sisters and brothers who may be living jointly or separately and the aged parents are not involved either out of vengeance or to curl out appropriate settlement."

The court also expressed its displeasure over the misuse of the dowry harassment laws. "I am compelled to observe that provision in the recent years has become consummate embodiment of gross human rights violation, extortion and corruption and even the Apex Court of our country had acknowledged this abuse and termed it as legal terrorism," it said.

http://timesofindia.indiatimes.com/city/delhi/Misuse-of-dowry-provisions-is-legal-terrorism-Court/articleshow/7615680.cms#ixzz1FUGOhqQv

Policemen in dock for implicating four in false robbery case

Policemen in dock for implicating four in false robbery case

New Delhi, Dec 26 (PTI) A Delhi court has filed a complaint against four police personnel, including an inspector, and others for implicating four men in a false robbery case saying it involved serious constitutional and human rights violations.
Additional Sessions Judge Kamini Lau also issued notice to the Delhi government seeking its response as to why compensation should not be provided to the four men who were acquitted in the case.
The court also expressed its concern over the manner in which police officers acted to implicate the accused.
"Serious constitutional and human right violations have been observed by this court in the present case. None of the accused before this court who all come from very poor families, have any previous criminal record. They have suffered detention and trial for an offence they have never committed," the court said.
It acquitted Dalip Kumar, Deepak, Ravinder and Vikas, who were accused of robbing Nitin, the complainant, of his wallet and a mobile phone at knife point on January nine this year at Jahangirpuri here.
The court expressed surprise after Nitin deposed before it during the trial that no incident of robbery had taken place.
He testified that he went to the police station on instruction of his employer- property dealers Kuldeep Soni, Deepak Soni and Vishwajeet-- where constable Sajjan Singh, head constable Dalip, assistant sub inspector Umed Singh and inspector SB Yadav allegedly made him sign some blank sheets.
The complainant also did not identify any of the accusedduring the trial.
The court, which directed an inquiry into the matter by Delhi police''s Crime Branch, was shocked after being told that Nitin was complainant in another FIR bearing No 205/10 dated June 16, 2010 with the same sort of allegations.
Likewise, the court was further told that Kuldeep, Deepak and Vishwajeet were also complainants in different FIRs with similar sort of charges with Jahangirpuri police station.
"It is not the duty of the government to lodge false cases in order to book the suspected criminals. I may say that the officers of the State (Police) have failed to act in accordance with law and to perform the duties assigned to them.
"Initiating and instituting false criminal proceedings knowing that there is no just or lawful ground for the same is a serious offence. Registration of false cases against suspects is an impermissible method of crime control," the Judge said. .

http://news.in.msn.com/national/article.aspx?cp-documentid=4741700

Man asked to serve animals for kidnapping, marrying minor girl

Man asked to serve animals for kidnapping, marrying minor girl

New Delhi, Sep 26 (PTI)

In an unusual order, a Delhi court has released a convict on probation asking him to serve injured and sick animals for a year as a punishment for kidnapping and tying nuptial knot with a minor girl after concealing his married status.

"I direct that convict Rajpal be released on probation of good conduct for a period of two years on furnishing a personal and surety bond of Rs 10,000 each and with a further condition that he shall render service to the sick and injured animals particularly the strays for a period of one year...," Additional Sessions Judge Kamini Lau said.
The court asked 28-year-old Rajpal, a resident of Aligarh in Uttar Pradesh, to report to the NGO-run Sanjay Gandhi Animal Care Centre at Raja Garden here to undertake the duties for three days in a week for one hour each day.
"In case of any absenteeism or default or breach of condition of probation on the part of the convict, he shall have to undergo simple imprisonment for a period of two years," it cautioned.
Earlier, Rajpal, a fruit vendor, who was already married and is a father of two minor children, was convicted under Sections 363 (kidnapping a minor) and 366 (abducting a woman to compel her to marry) of the IPC for tying nuptial knot with his 14-year-old neighbour last year.
Before being sentenced, the convict told the court that he was aware of having committed a "moral and legal wrong" and wanted to make an attempt for change his life for better and atone for the sins and crime which he had committed.
Taking note of the "remorseful" conduct, the court asked the probation officer to file a report.The report said the convict belonged to "a very poor family" and was a fruit seller by profession.
"I have spoken to the convict in the court and I am satisfied that he genuinely regrets his shameful and hurtful act. The regrets offered by the convict of his act may be because of remorse or could even be a response to the fear of consequences of his act including the fear of being punished for such an act," the court said.
It said that the victim, who is happily married, be left alone to ensure that the shadow of her past does not affect her matrimonial life.

http://www.deccanherald.com/content/99716/man-asked-serve-animals-kidnapping.html

Delhi court –PWDVA-MIL SIL can file PWDVA on Bahu ?-'Mother, sisters protected equal to man's wife'

Delhi court –PWDVA-MIL SIL can file PWDVA on Bahu ?-'Mother, sisters protected equal to man's wife'

PTI

19 Sep 2010

NEW DELHI: The mother and sisters of a man are equally protected in a dispute with his wife under the Domestic Violence Act and they cannot be made accused without a scrutiny of charges against them, a Delhi court has said.

"The Protection of Women from Domestic Violence Act, 2005 protects the mothers, sisters and daughters from any kind of physical and mental abuse or violence in as much as it does the daughter-in-law. The court as a protector and implementor of rights, is required to perform a balancing act," Additional Sessions Judge Kamini Lau.

The court said that raising allegations by a woman against her mother-in-law and sisters-in-law without any substance would rather cause violence to them.

"Making wild allegations against an unmarried sister-in-law of a tender marriageable age by an estranged wife of brother tantamounts to inflicting violence upon her and it is the duty of the court to ensure that she is protected from the same.

"Violence can also be inflicted by an estranged wife or daughter-in-law or sister-in-law upon other members of the husband's family to gain and secure personal points and financial control or for separating her husband from his parents and other family members," the court said.

It further said that mother-in-law or sisters-in-law (married or unmarried) cannot be permitted to be subjected to harassment only because they happen to be related to the estranged husband of the woman (complainant).

"It is necessary to ensure the court does not get swayed by astute legal drafting of the counsel and is required to get at the truth of the allegations by examining them on the touch-stone of reasonableness and probabilities. Where a complaint appears to have been filed on grounds only to humiliate the family members, the same is required to be thrown out at the earliest opportunity", the court said.

The court made these observations while setting aside an order to summon the mother, two sisters-in-law including the married one of a man on a complaint filed by his wife alleging harassment.

ASJ Lau pointed out that the complainant alleged that her in-law had forcibly taken away her salary and wages which is false and incorrect as she herself admitted that she was not working. The court also said that the allegations regarding harassment for dowry do not appear to be "credible and truthful" particularly in view of the background that the marriage between the sparring couple was a secret, runaway marriage as an outcome of a love affair between them.

The woman said that she had married the man in July, 2008 and had faced harassment and torture for dowry.

 

http://expressbuzz.com/nation/mother-sisters-protected-equal-to-mans-wife/208156.html

Court Concerned Over Growing Misuse of SC/ST Act

Court Concerned Over Growing Misuse of SC/ST Act

New Delhi | Apr 02, 2010

A Delhi court has expressed concern over rising incidents of misuse of the SC/ST (Prevention of Atrocities) Act "to settle personal scores".
The court's observations came while discharging nine members of a family, including five women, from charges under the Act for allegedly using abusive words against their tenants who belonged to the Scheduled Caste category.
"Unfortunately, one comes across growing instances of cases where the provisions of this Act have not so much been invoked for the betterment of those to whom it seeks to protect, than by those who want to settle personal scores by giving to an otherwise ordinary dispute, the colour of an alleged atrocity under the Act," Additional Sessions Judge Kamini Lau said.
The court observed that the provisions of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, meant to protect the lot of the exploited sections, should not be allowed to be misused.
"Law cannot be the absolute property of a few and this court can only hope and appeal that the provisions of this Special Legislation are not abused by a few so as to ensure that its benefit is able to actually reach the exploited sections," ASJ Lau said.
"This court also will not be a privy to any exploitative situation of misuse and abuse of this Act whose abuse has otherwise raised serious concerns all over the country," it said.
Recently, the Uttar Pradesh government has been compelled to take up the issue in the state assembly for relaxing the stringent provisions of SC/ST Act to check its abuse without compromising with the security of the marginalised sections of the society, it pointed out.
In this case, the court noted that complainant, Kanaklata, 30, a Master of Philosophy from Delhi University, had changed her statement before the police on May 4, 2008 and invoked the provisions of the SC/ST Act against the family members of her landlord after talking to her lawyer.
"I find that the present case is a glaring example of abuse of a Special Legislation with stringent provisions which has been enacted to ameliorate the lot of the hitherto, under-privileged, deprived and marginalised section of the society," ASJ Lau said.
The court said that complainant Kanaklata had spared none as she had in her improved version of the complaint, roped in the entire family of Om Prakash Grover, a senior citizen, including all women members.
She did not stop at this and further implicated the brother of the landlord Ved Prakash, his wife and his daughter -in-law who are not even residing in the same house and are resident of another property at Mukherjee Nagar here, it added.

http://news.outlookindia.com/item.aspx?678490

Delhi Govt asked to revise fee structure of amicus curiae

Delhi Govt asked to revise fee structure of amicus curiae

2010-09-05 10:20:00
Last Updated: 2010-09-05 10:28:26

New Delhi: A local court has asked the Delhi Government to revise the fee structure of the amicus curiae, who is appointed to assist the court or to render service to those who cannot afford advocates in judicial proceedings.

Additional Sessions Judge Kamini Lau expressed surprise over the scenario after being told that fee structure of amicus curiae has not been revised since 2002.

Amici curiae are appointed in courts at state expenses, generally to represent the accused who are unable to hire advocate to put forth their defence or to assist in the judicial proceedings.

The court said it was necessary to suitably reward the counsel who are appointed as amicus curiae.

"Representation through a counsel is not a mere formality that the accused be represented and it is necessary to ensure that in order to do justice proper opportunity is given to the accused to defend himself specifically in cases where the accused are unable to obtain legal assistance for the reasons of economic hardships or otherwise," the court said.

It also noted that the principle of natural justice also required that accused is properly represented in the court.

"Principles of natural justice require that no person be condemned unheard and hence the requirement to hearing the accused through his counsel. It is the duty of the State to provide such assistance and in order to ensure the quality of defence, assistance is being given to the accused persons," it said.

The court suggested the Delhi government to consider revising the pay structure of amicus curiae.

"This court is of the view that it is necessary that there should also be a suitable revision in the fee of Amicus Curiae as fixed by the Government of NCT of Delhi which has not been revised since the year 2002, and appears to have skipped their attention," the court said.

ASJ Lau also noted that the fee of the legal aid counsels has been recently enhanced by the Delhi Legal Service Authority (DLSA) while that of amicus curiae has been left untouched by the government.

The court made the observation after an amicus curiae representing an accused in a criminal case sought its direction to quantify his fees as the same has not been revised for quite some time.

The court fixed Rs 8,000 for the lawyer while directing that its order should be forwarded to the Chief Secretary and others for necessary action.

"I also deem it expedient that this fact be highlighted before the concerned authorities for necessary action at their end. I therefore direct that a copy of this order be placed before the Chief Secretary, NCT of Delhi and Principal Secretary (Law), Government of NCT of Delhi, for information and necessary action at their end," ASJ Lau said.

http://sify.com/news/delhi-govt-asked-to-revise-fee-structure-of-amicus-curiae-news-national-kjfkubjhjjj.html

Delhi Court expresses concern over misuse of Domestic Violence Act

Delhi Court expresses concern over misuse of Domestic Violence Act

New Delhi, Aug 29 (PTI) A Delhi court has expressed its concern over the misuse of the Domestic Violence Act to settle civil dispute between sparring couples with the use of women as "pawn" by the male relatives.

"The misuse and abuse of the Protection of Women from Domestic Violence Act, 2005 is a matter of serious concern for the courts which are required to be careful and ensure that a woman petitioner is not made a puppet or pawn in the hands of her male relatives so as to manipulate the Act and use it for ulterior motives," Additional Sessions Judge Kamini Lau said.
The court said the purpose of passing the welfare law was to protect the family value system and not to create a civil right.
"The provisions of special legislation in favour of women cannot be abused as the short cut for establishing a civil rights where none exists," the court said.

"The intent of the Act is to protect the value system and institution of family and save it from destruction. This being so, the provisions of the Act have to be so interpreted to ensure that the existing family system is preserved," it said.
The court made the observation while dismissing an appeal of a woman who challenged an order rejecting her plea to be given a wholesome right to reside in a shanty also being occupied by her brother-in-law and sister-in-law.

"It is evident that the attempt of the appellant (woman) is to ensure the division of the property and create her independent right in the same under the garb of the present petition," the court said.

It also noted that the woman as well as her husband have "collusively" filed the petition by "camouflaging a dispute" and have sought the invocation of the Protection of Women from the Domestic Violence Act, 2005, with the sole object of seeking the removal of her brother-in-law and sister-in-law from the property in question.

"This court cannot be a party to any such attempt of the parties to abuse the special legislation enacted to grant immediate relief to women who are victims of Domestic Violence. The right of one woman (the appellant) cannot be implemented by infringing upon a similar right of another woman i.e. sister-in-law/jethani in the same property," ASJ Lau said.

http://www.dnaindia.com/india/report_delhi-court-expresses-concern-over-misuse-of-domestic-violence-act_1430257

http://www.asianage.com/delhi/need-check-misuse-dv-act-says-court-359

Domestic Violence Act: Court pulls up woman

 

A Delhi court has slammed a woman petitioner for misusing of the Protection of Women from Domestic Violence Act 2005.

Noting that Sunita Devi connived with her husband to file the petition against her in-laws, Additional Sessions Judge Kamini Lau said: “The intent of the Act is to protect the value system and institution of family. The misuse and abuse of the Act is a matter of serious concern for courts who must ensure that a woman petitioner is not made a puppet in the hands of her male relatives so as to manipulate the Act and use it for ulterior motives.”

The court was hearing the appeal of Sunita, who had appealed against the March order of a Metropolitan Magistrate, dismissing her petition under the Act.

The appellant said that her brother-in-law and sister-in-law requested shelter at her Delhi house in July 2008. Since then they abused her verbally and physically and with the brother-in-law even tried to kill her under the influence of alcohol, she claimed.

Alleging that they also looted Rs 7,700 from her, Sunita requested the court for grant of maintenance, compensation and also to pass protection orders under the Act.

The brother-in-law pleaded that it was his property and he had allowed Sunita and her husband to live there, but the papers of his ownership had been lost.

The court noted that none of the parties have papers to establish their ownership over the property constructed by DDA, and the home in which Sunita was living with her husband was separate from the one that her in-laws were residing in.

The domestic incident report also revealed that when Sunita came to live in the house, her husband and in-laws were already residing there.

The court said, “The attempt of the appellant is to ensure division of property and create her right under the garb of the petition. It is clear that she and her husband have collusively filed the petition by camouflaging a dispute. Such kind of abuse of the special legislation should be checked at the earliest.”

http://www.indianexpress.com/news/domestic-violence-act-court-pulls-up-woman/674243/0

Court slams abuse of SC/ST Act ,SC/ST Act being misused

 Court slams abuse of SC/ST Act. SC/ST act being misused

August 15.2010

NEW DELHI: Concerned about the growing misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, a trial court has suggested to the commissioner of police that the final reports filed under the Act be monitored at a ''higher level to check its frequent misuse''.

The court's remarks came while refusing to take cognizance of a chargesheet filed by Delhi Police under various provisions of the IPC and SC/ST Act against three persons following a land dispute with S S Khemwal, a former deputy
secretary with the ministry of petroleum.

"The present case is just another glaring example of abuse of a special legislation having stringent provisions; so enacted to ameliorate the lot of hitherto, under-privileged, deprived and marginalised section of the society," additional sessions judge Kamini Lau said.

As per the case, Khemwal, a member of the scheduled caste community, filed a complaint in 2007 alleging that few men were illegally harvesting crop from his land and when he intervened they harassed and tortured him. He further alleged that there was a ''non-performance of duties'' by the public servants since despite the directions of the deputy commissioner, they did not enter his name in Khasra Girdawari (land records) for three consecutive years.

On the basis of his statement, police registered a case against the accused under various sections of IPC. The police later added Section 3(1) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as the complainant belonged to schedule caste category.

After going through the records of the case, the court found that there was no substance in the complaint which could invoke the Act. Slamming the police for naming six revenue officers in the chargesheet, the court said that there was no sanction to seek their prosecution and further they cannot be prosecuted for discharging judicial and quasi-judicial functions.

The court also rapped an assistant commissioner of police (ACP), who investigated the case registered by Khemwal with Swaroop Nagar police station on September 21, 2007, for allowing himself to be played into the hands of the complainant.

"The investigating officer has filed the chargesheet against as many as nine persons without there being any material, this only makes this court ponder the reason why this has been done. Either the investigating officer is unaware of the fundamentals of criminal jurisprudence or he is absolutely indifferent to the consequences of his act," it said.

The court added that the complainant himself had till date not been able to establish his legal right over the land in question at village Nangli Poona that was earmarked by the government for allotment to persons living below the poverty line.

The court said that the Delhi Police chief should be informed about the manner in which the investigation was conducted and chargesheet filed in the case without any substance. "It is, therefore, necessary that the commissioner of police, Delhi, be made aware of the manner in which the investigations have been conducted and the chargesheet filed not only against three public persons but also against as many as six government officials without there being any basis for the same," ASJ Lau said.

http://timesofindia.indiatimes.com/city/delhi/Court-slams-abuse-of-SC/ST-Act/articleshow/6316444.cms#ixzz0zKZiMRsM

...............

Though meant for the oppressed section of society, the Act is often used to settle personal scores LAW cannot be the `absolute property of a few', a Delhi court has said while expressing concern over growing misuse of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, meant for the oppressed section of the society.

Additional Sessions Judge Kamini Lau said that court should not remain as `mute spectator' to the abuse of the law which was passed with an aim to improve the lot of a particular section of the society. Unfortunately one comes across growing instances of cases where the provisions of this Act have not so much been invoked for the betterment of those to whom it seeks to protect, than by those who want to settle personal scores by giving to an otherwise ordinary dispute, the colour of an alleged atrocity under the SC/ ST Act, 1989, the court said.

It said authorities should ensure that the legislation is used only to eliminate the exploitation of the marginalised members of the SC/ STs. Law cannot be the absolute property of a few and this court can only hope and appeal that the provisions of this special legislation are not abused by a few so as to ensure that its benefit is able to actually reach the exploited sections, the court said.

The court made the observations while refusing to take cognisance of a charge sheet filed by the Delhi Police under various provisions of the IPC and SC/ST Act against three persons following a land dispute with S S Khemwal, a former Deputy Secretary with Ministry of Petroleum.

The present case is just another glaring example of abuse of a special legislation having stringent provisions, so enacted to ameliorate the lot of hitherto under-privileged, deprived and marginalised section of the society.This court in a case like present will not remain a mute spectator to any abuse of the process of law. This court also will not be a privy to any exploitative situation of misuse and abuse of this Act, whose abuse has otherwise raised serious concerns all over the country, it said.

PTI

http://epaper.expressbuzz.com/NE/NE/2010/08/16/index.shtml

Video-record statements of accused, orders Delhi district court

Video-record statements of accused, orders Delhi district court

Sumit Saxena, Hindustan Times

New Delhi, August 17, 2010

A city court has ordered recording of evidence of an accused through video conferencing from the Tihar Jail premises, after he threatened two witnesses in the courtroom, in a robbery case, and in the presence of policemen. In  an open court hearing, Additional Sessions Judge Kamini Lau said

that in order  to protect witnesses in criminal cases, accused should not be brought to the court.

Video conferencing is the safest mode to record statements without any act of violence.

According to the prosecution ,Sonu, Mohammed Israj, Sachin and Bijender robbed Rs 2 lakh from Veer Bahadur and Sandeep at the Lawrence Road flyover in March 2006. 

Veer Bahadur told the court when he was moving out of the court after his deposition, the accused Sonu sarcastically remarked at him, “Dedi Gawahi” (Have you recorded your statement?)

The court noted that both Bahadur and Sandeep are already under security cover, as Sonu had earlier threatened them inside the courtroom.

The judge said, “Keeping in view the repeated recalcitrant behaviour of the accused, it is important that he is not allowed to be in the proximity of the witnesses”.

The court has ordered the rest of the trial to be held via video conferencing.

Legal experts say that despite first-hand availability of video conferencing in all the district courts, funds are wasted in carting violent accused under heavy security cover to the courtroom.

“Video conferencing should become a regular practice in courts, as many acts of violence, including murders, have been committed inside the court complex,” said K.T.S. Tulsi, senior advocate.

Recently, key accused Ravi Kapoor, named in the Soumya Vishwanathan and Jigisha Ghosh murder case, had attacked the fellow accused with blades inside the courtroom. Former Delhi High court Judge R.S. Sodhi said,

“Courts should make video-conferencing a regular practice during the course of trial. Accused who intimidate witnesses should be avoided inside the courtroom.”

http://www.hindustantimes.com/Video-record-statements-of-accused-orders-court/Article1-587752.aspx

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

Held for abetting wife's suicide, Canadian national gets bail

Held for abetting wife's suicide, Canadian national gets bail

TNN, Aug 6, 2010, 01.37am IST

NEW DELHI: A Canadian national of Indian origin, who was arrested last year for allegedly abetting the suicide of his wife, has been granted bail by a trial court.

"Without making any observations on merits of the case and keeping in view the fact that all the witnesses have been examined by the court and the accused has been in judicial custody since September 2009, I admit the bail of Pawan Dass,'' additional sessions judge Kamini Lau said, while directing the accused to report to the SHO of the police station every month till the conclusion of the trial.

Earlier, seeking bail, Dass's counsel Prabhjit Jauhar said that the accused was falsely implicated in the case. Victim Richa committed suicide on April 4, 2004 by hanging herself. According to the victim's family, the girl took the extreme step under frustration that she had been left behind by her husband. Pawan Dass got married to Richa Saproo on December 11, 2003 in the capital. After getting married, Dass left for Canada in January, 2004.

Dass's counsel, however, alleged that Dass kept on sending money through Western Union Money transfer on various occasions and also deposited money for applying for immigration of Richa to Canada in 2004. In fact, an interview call was received from the Canadian Immigration authorities for immigration of Richa at Delhi.

Accepting the contentions of the accused, the court granted bail on the condition that Dass deposits his passport to the police. The court directed him not to leave the country without the prior permission of the court.

A case was registered against Dass under Section 498A and 306 IPC for having abetted the suicide of the deceased. Pawan was arrested from the International Airport on September 20, 2009.

http://timesofindia.indiatimes.com/city/delhi/Held-for-abetting-wifes-suicide-Canadian-national-gets-bail/articleshow/6263391.cms

Domestic Violence Act: Women can be charged

TNN, Apr 12, 2010, 02.04am IST

NEW DELHI: In the wake of the raging debate on whether the Domestic Violence Act, enacted for the welfare of women, can be used against them or not, with different high courts expressing "conflicting views", a trial court has set the record straight by holding that female members of a family can be charged under the Domestic Violence Act in case of harassment of a woman.

While giving an interpretation of the provisions for protection of women in the Domestic Violence Act, 2005, the court has said that the law provided a wife can file complaint against her husband and his relatives (both males and females).

"Section 2 Clause (q) of the Act which provides that ‘an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner’. The provision includes both male and females," additional sessions judge Kamini Lau said.

The court passed these observations while rejecting a revision petition of certain women members of a family who challenged an order of a metropolitan magistrate dismissing the plea to remove their names from a complaint filed under the Domestic Violence Act.

http://timesofindia.indiatimes.com/city/delhi/Domestic-Violence-Act-Women-can-be-charged/articleshow/5785904.cms

Costly gifts at weddings to come under tax scrutiny

Costly gifts at weddings to come under tax scrutiny

Exchange of expensive gifts and jewellery items during wedding marriage ceremonies are liable to taxmen scrutiny, said a city court.

It also said that immovable assets as gifts would require mandatory authentic registration.

Additional Sessions Judge Kamini Lau said, “Pricey gifts given to relatives, which do not fall within the definition of Stridhan (gift items received by girl) are taxable in the hands of the recipient.” Citing a dowry complaint, the judge said it is important for families of both the bride and the groom to divulge their revenue books to the taxmen.

The court said anti-dowry laws have been reduced to “paper tigers”.

“Dowry has become an avenue to bury black money during marriage ceremonies,” said Lau.

“It is necessary to ensure that due inquiry and investigations are conducted not only with regard to the source of income of the person giving dowry, but also as to whether these transactions are duly reflected in the Wealth Tax returns of both,” she added.

Presiding over a case of an estranged couple, in which the wife was appealing against the order passed by a trial court, Lau observed that incidents of abuse of special provisions of dowry harassment law has become the trend.

The trial court in October 2009 had ordered registration of an FIR against the wife and her family for giving dowry at her wedding. The groom had filed a complaint saying his wife had wilfully admitted of giving gifts and money to his family.

The additional sessions judge quashed the wife’s plea seeking to cancel the criminal proceedings initiated against her family. An FIR was registered against her family following the complaint by her husband, who is facing dowry harassment charges.

http://www.hindustantimes.com/Costly-gifts-at-weddings-to-come-under-tax-scrutiny/Article1-564102.aspx

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While laws prohibiting dowry not only forbid receipt but also giving it, a city court, in a significant observation, held that the brides’ families are to be blamed for rendering the social welfare legislation largely ineffective.

“It is unfortunate that the legislation (Dowry Prohibition Act) has been reduced to a mere paper tiger. What is more unfortunate is that the family of the woman (involved in the marriage) is responsible for the non-accomplishment of this legislation,” Additional Sessions Judge (ASJ) Kamini Lau noted.

To meet the objectives of the law, not only the grooms’ families but also the brides’ must be booked for giving dowry in the name of social obligation, the court said.

“Dowry is a two-way traffic and unless there is a giver there can be no taker... In order to eliminate this evil both the giver and taker have been made liable under the Act. It is not possible to leave one and book the other,” ASJ Lau said.

“It is time this social welfare legislation is ruthlessly implemented and none is permitted to take the shield of social compulsion. This has become all the more necessary in order to check the misuse and abuse of special laws,” she added.

The court also said expensive gifts given by relatives to a couple before and after marriage must be brought to the notice of the authorities for levying of taxes.

The court made the observations while dismissing the plea of a woman seeking to quash criminal proceedings initiated against her family for giving of dowry following a complaint by her husband who faced dowry harassment charges. The woman had challenged the order by a Metropolitan Magistrate in October last year, who had directed the registration of an FIR against her family members for giving dowry for her marriage in April 2008.

http://www.indianexpress.com/news/Giving-dowry-an-equal-crime--says-court/639196/

Delhi court observation in DP3-Dowry givers should also be prosecuted

Dowry givers should also be prosecuted: Court

New Delhi, Jun 27 (PTI)

Observing that the anti-dowry law has been reduced to a ''paper tiger'' due to the bride's family giving away dowry in many cases, a court here said they also need to be prosecuted like the groom's family to eliminate the social evil.

"Dowry is a two way traffic and unless there is a giver there can be no taker and it is for this reason that in order to eliminate this evil both the giver and taker have been made liable (under Section 3 of the Dowry Prohibition Act)," Additional Sessions Judge Kamini Lau said.
"It is not possible to leave one and book another," the court said while resenting the prevalent practice of the bride's family giving dowry.
"It is unfortunate that this legislation has been reduced to a mere paper tiger and what is more unfortunate is the fact that it is none else but the family of the woman (involved in the marriage) who is responsible for non-accomplishment of this legislation," the court said.It further said the social welfare legislation meant to remove the evil of dowry should be implemented effectively.
"Dowry is shamelessly demanded, given and received under the pretext of social compulsions. It is time that this social welfare legislation (Dowry Prohibition Act) is ruthlessly implemented and none is permitted to take the shield of social compulsions. This has become all the more necessary in order to check the misuse and abuse of Special Laws," ASJ Lau said.
The court also said the expensive gifts given by relatives to a couple before and after marriage must be brought to the notice of authorities for levying taxes.It passed the observations while dismissing a plea of a woman seeking to quash criminal proceedings initiated against her family for giving dowry, which came following a complaint by her husband who faced dowry harassment charges.
In the case, Uma Devi, estranged wife of Sunil Garg, had challenged the order passed by a Metropolitan Magistrate in October last year directing registration of an FIR against her family members for giving dowry during her marriage in April 2008.The magistrate had ordered registration of the FIR on Garg's complaint referring to her admission of giving gifts and money to his family.

http://www.deccanherald.com/content/77747/dowry-givers-should-prosecuted-court.html

http://www.ptinews.com/news/745512_-Bride-s-family-too-needs-to-be-prosecuted-for-dowry--