SC restores police power in dowry harassment cases
New Delhi, Sep 14: The Supreme Court on Friday restored the police power to act on complaints of dowry harassment under Section 498A of the Indian Penal Code (IPC).
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud struck down its earlier verdict that family welfare committees scrutinise dowry harassment complaints and submit their reports before police acts on the same.
It held that setting up of family welfare committees and powers conferred on these was "impermissible".
"There are statutory provisions and judgments in the field and, therefore, directions pertaining to constitution of a committee and conferment of power on the said committee is erroneous," Chief Justice Misra said while speaking for the bench.
Restoring police power to arrest, the court however said that police will act with caution in these cases. "We think it appropriate to direct the Investigating Officer to be careful in dealing with the complaints of dowry harassment."
Referring to its earlier judgments, the court said that arrests in cases where offence of dowry harassment attracts punishment of imprisonment of seven years or less, the Investigating Officer will affect arrests only on satisfaction that such persons had committed the offence.
He has to be further satisfied that the arrest is necessary to prevent such persons from committing further offence, including disappearance of or tampering with evidence or requirement of further investigation.
The court had, by its July 27, 2017 order, said that District Legal Service Authorities would constitute the family welfare committees.
The court directed state Director Generals of Police to ensure that Investigating Officers probing the offences under Section 498A were imparted rigorous training with regard to principles stated by the top court in its earlier judgments relating to arrests made in such cases.
Modifying one of the directions issued on July 27, 2017, the court said on Friday: "If a settlement is arrived at, the parties can approach the High Court under Section 482 of the Code of Criminal Procedure, and the High Court... shall dispose of the same."
The apex court did not find any infirmity with said direction which said that "if a bail application is filed with at least one clear day's notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected."
"Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/custody and interest of justice must be carefully weighed."
The court also did not find any fault with the July 2017 direction that "in respect of persons ordinarily residing out of India, impounding of passports or issuance of Red Corner Notice should not be a routine."
The court's Friday verdict came as errors were found in some of the directions issued by a bench of the top court in its July 27, 2017, judgment that held the "potential to enter into the legislative field", while interpreting a statutory provision.
The core issue is whether the court could, by the method of interpretation, have issued such directions, including setting up of the family welfare committees by the District Legal Services Authorities and conferred powers on them to scrutinise complaints of dowry harassment before police could act on them.
Disagreeing with the court direction on setting up of the committees for scrutinising complaints, the court said: "The legislature, in its wisdom, has made the offence under Section 498A of the IPC cognizable and non-bailable. The fault lies with the investigating agency which sometimes jumps into action without application of mind."
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
