We have earlier blogged about the misuse of 498A and how many courts have spoken against such rampant misuse
The misuse is being noticed even after many courts decrying the practice and issuing directions against the same
A year ago, i.e. in June 2014, The Honourable Supreme court has issued VERY CLEAR directions instructing NOT to arbitrarily arrest husbands in 498a cases and to take Magisterial orders before arrest (actually that order is for ALL offenses where the punishment is 7 years or less). In their orders, Magistrates were also supposed to explain why an arrest was needed. However arrests are SO VERY RAMPANT in Gujarat, that now the Gujarat HC has issued a circular to lower courts telling them NOT to keep issuing arrest warrants !! Such is the SAD state of matrimony in India !!
***********NEWS SOURCE : TIMES OF INDIA *******************
Gujarat HC asks lower court judges to comply with SC order
Saeed Khan,TNN | Jun 24, 2015, 09.54 PM IST
AHMEDABAD: Gujarat high court seems to have finally come to the rescue of the harassed husbands, who are arrested by cops and lower courts authorize their detention in connection with dowry harassment cases. This happens despite the Supreme Court’s direction that they should not be unnecessarily arrested and detained.
The registrar general of the high court has issued circular in this regard and asked the judges of subordinate courts to comply with the apex court’s directions “scrupulously” by not authorizing detention of people by cops in connection with offences that have provision of jail up to seven years.
Finding misuse of domestic violence laws, particularly section 498A of IPC preventing harassment of married women, the SC issued directions in July last year to cops and courts not to insist on arrest of people in all cases that have provisions of less than 7-year jail term. The apex court asked cops and judges to adhere to provisions of law and to issue notice to accused persons first under section 41 of CrPC and not to arrest them, if they are not likely to repeat the offence or their freedom is not dangerous for the society at large. This gave cops powers to grant bail to such accused persons from police stations only.
However, the HC came across the cases of frequent arrests and the judicial officers of subordinate courts endorsing such arrests. It felt that this was in gross violation of the apex court’s orders and the court too authorize detentions “casually and mechanically”.
The circular issued by the HC on Monday asked the judicial officers to ensure that the SC order is implemented in proper manner. “It has been observed by the high court that the judges/magistrates of subordinate courts do not comply with the directions issued by the SC. Therefore, all the judges/magistrates of the subordinate courts are instructed to comply with the SC directions issued on July 2, 2014 scrupulously,” it reads.