Tag Archives: dowry case

Wife files dowry case & husband locked up ..2 years after Arneesh kumar !!

Thought the Honourable Supreme court has categorically stated that Husbands (other others ) should NOT be arrested on the mere complaint of a woman (in cases where the punishment is less than 7 years), in the famous case of Arneesh Kumar Vs State, ( Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014 CRIMINAL APPEAL NO. 1277 OF 2014 (@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)) ) there are umpteen cases where the husbands are arrested without court order and immediately following the wife’s complaint !!

Here is one such case from Tamil Nadu, where the husband is arrested by the police and there is NO mention of any court’s direction / order to arrest the husband

This happens day in and day out as husbands are subject to arrest and humiliation so that they can be milked high and dry !

screenshot-27_09_2016-13_09_55

1 more Dowry case on 9 people within 7 months of marriage !! Theni, TN, June 25 2016 !!

Just now we blogged a news item saying a dowry case has been booked on NINE people from the husband’s family !! Now we read ONE MORE such case, where a CRIMINAL case has been booked on nine members of the husband’s family …. Sadly, we realise this is NO repetition as the accused person’s name are different !!

Free translation :

Theni, Tamil Nadu. June 25, 2016 !!

A criminal case has been booked on NINE people including a soldier from the army. AngayarkaNNi (27), daughter of Sekkizar was married to Manikandan (30), son of Balasubramaniam . Sekkizaar (girl’s father) works in the armed police at Theni. The married was held in November 2015

It is now alleged that Manikandan (the husband) and his mother Rajeshwari and a TOTAL of NINE relatives are torturing angayarkaNNi , for dowry !!

It is said that, angayarkaNNi filed a complaint with the Madurai branch of the Madras HC and based on HC orders a case has been registered on NINE of the husband’s family !

source : http://www.dinamalar.com/news_detail.asp?id=1550369

Screenshot - 27_06_2016 , 09_36_19

Dowry case on NINE of husband’s family, 4 years after marriage & a MALE kid. Case filed 1000 KM away !!

All it takes to book nine people in a CRIMINAL case in India is a phone call or a few lines from the wife !! A wife can lift the phone call the toll free and “voila” the husband and his family are “booked”

A CRIMINAL case has been registered on NINE people from the husband’s family , JUST based on a complaint an a well qualified engineer wife working @ Hyderabad, 1000 KM away!!! . Conveniently the case has been booked at theni, Tamil Nadu, while the husband is (also) working at Hyderabad !

Free translation of the news as follows. 

Theni, Tamil Nadu, June 27 2016 : A case has been registered against NINE people of the husband’s family based on a complaint by the wife, on Sunday, June 26th 2016 (please note that the news says Sunday !! so obviously this is a 24 x 7 service available !!)

PonmaNi, (aged approx 25) , daughter of Swaminathan from Periyakulam, married Surendran (27) son of Sundaramurthy from ThiruvaNNamalai in 2012. They have a male child. Ponmani an Engineering graduate !!, and Surendran are working in a private company at Hyderabad

In the meanwhile, Ponmani preferred a complaint with the Theni district inspector of police, stating that her husband and family are torturing her for dowry. The police have registered a case NINE people from Surendran’s (husband’s )  family !!

It is pertinent to note that the husband and wife in question (PonmaNi and Surendran) are living a a city approx 1000 KM from the place of complaint !! and God know how 9 people reached there to torture the woman !! (Theni Tamil Nadu to Hyderabad Telangana)

Screen shot and news source are give below :

source : http://bit.ly/28WkPWv

Screenshot - 27_06_2016 , 08_56_45

 

filing a dowry case is like ordering pizza .. err.. it’s easier as you don’t have to pay !!

Filing a dowry case is as like easier than ordering pizza ! Yes, the women can say what they want and she does NOT have to even pay ! Recently toll free lines have been added !!

Here is ONE MORE dowry case on ONE MORE fine morning, when ONE MORE wife says her husband demanded dowry

God knows the truth !!

>>>>>>>>>>>>> news >>>>>>>>>>>>>>>>>>>>>

Freepress Journal

In-laws demand Rs 10L as dowry for jobless son

BHOPAL : A woman filed a case against her in-laws accusing them of harassing her for dowry of Rs 10 lakh on Tuesday. The couple got married just before 8 months, while after a few days of marriage she left her in laws home because of dowry harassment.

According to Mahila Police Station sources, 28-year-old Shalini Kaushik, daughter of Balvant Singh, lives at Bairagarh. Her Father is an employee of Beej Nigam. She married Engineer Chandresh Pal, resident of Gulmohar. She mentioned in her complaint that her marriage was solemnised in June 2015. After a few days of marriage, her husband, father-in-law Shubhash Chandra Pal and mother-in-law Usha started torturing her for dowry. They said that their son is an engineer and dowry of Rs 6 lakh was not enough for an engineer, and told Shalini to bring Rs 10 lakh more in dowry. Shalini mentioned that her husband is an engineer but he was jobless and also mentally disturbed. She was beaten by him and threatened of murder if she filed any case against his family.

father in-law’s 9 YEAR taxable income 2 be disclosed to son in law fighting dowry case

A husband fighting a dowry case makes an impassioned plea to get his father in law’s taxable income to disprove dowry claims and disprove the FALSE DOWRY CASE.. The Central information commissioner goes thru a large number of relevant cases, the RTI act, the Income tax act and finally decides in favour of the husband (son – in – law) accused !!

The CIC orders as follows “……….We direct the CPIO to furnish the information pertaining to the net taxable income of Shri Munna Lal Saini, the father­in­law of the Appellant, for the period of year 2000 till 15.09.2009 ( i.e. the date of the Appellant’s RTI Application) to the Appellant within 10 days.……”

*********************** CIC decision from the RTI website ********************

Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi­110066
Telefax: 011­26180532 & 011­26107254
website ­cic.gov.in

Appeal : No. CIC/LS/A/2010/001044­DS

Appellant /Complainant : Sh. Manoj Kumar Saini, Jaipur

Public Authority : The Chief Commissioner, Income Tax, Jaipur (Sh.Amrit Meena, CPIO – through Videoconferencing)

Date of Hearing : 03 Jan, 2011

Date of Decision : 24 March, 2011

FACTS OF THE CASE:

1. Vide his RTI Application dated 15.09.2009, the Applicant sought information pertaining to income tax returns of his father­in­law for the period 2000 to date along with the information pertaining to process for initiating tax evasion petition.

2. The CPIO vide his order dated 06.10.2009 denied disclosure of information citing the provisions of Section 8(1)(j) of the RTI Act, 2005 (hereinafter “the Act”). Information was provided pertaining to the process of submitting tax evasion petition.

3. The Applicant preferred appeal dated 13.10.2009 before the FAA who adjudicated upon it vide his order of 06.11.2009 by upholding the order of the CPIO and dismissing the appeal.

4. The Applicant has come before this Commission in second appeal. The Appellant made an impassioned plea for disclosure of information sought by him on the grounds that he was a young man who is involved in defending himself in a criminal case against the State of Rajasthan pertaining to dowry related issues. He emphasized that the litigation was not a private matter against his wife / father­in­law and therefore, the denial of information could not be justified on the grounds that there was no public interest in the matter and that the issue was purely a personal one. The Appellant stated that in a welfare state, such as ours, the life and security of every individual was a matter which involved the state. Denial of information to him would result in a prolonged litigation of 10 years and more resulting in his losing the best years of his life and career.

5. Respondent stated that he had ascertained that Shri Munna Lal Saini does not file any income tax returns in this income tax office – Ward 3(1). Appellant stated that with the issue of PAN card which is a unique number, it will not be difficult to ascertain in which ward Shri Saini was filing his returns.

DECISION NOTICE:

6. I have carefully considered the submissions made by the Appellant with great thrust and also by the Respondents.

7. The conviction and thrust with which the Appellant had pursued his case and made his submission explaining the reasons for which he needs the information are plausible. But, however unfortunate as it may seem, the noise of motivation behind seeking the information falls upon deaf ears as far as the Act is concerned. Section 6(2) of the Act clearly states that the Applicant shall not be required to give any reason for requesting the information. Thus, the Act does not aim to judge the motivation or the reason behind seeking certain information, as each applicant may have a different line of reasoning, each one being equally passionate and emotionally driven.

8. What, in fact, matters is whether certain information which has been sought can actually be furnished under the Act. The information has been classified as either public information or personal information under the Act. There is no question of doubt whatsoever that every public information need be furnished upon receiving a request to that effect. However, in case of personal information, the Act stands on a different footing, and the present appeal before us is the best example of that. The Applicant has to satisfy the legislative intent enshrined in Sections 8(1)(j) of the Act which mandates the requirement of “larger public interest” that can justify the disclosure of such personal information.

9. Section 8(1)(j) of the Act is as follows:

      8.
      ( 1 ) Notwithstanding anything contained in this Act, there
      shall be no obligation to give any citizen,-
      
      XXX XXX XXX
      
      XXX XXX XXX
      
      ( j ) information which relates to personal information the
      disclosure of which has no relationship to any public activity
      or interest, or which would cause unwarranted invasion of the
      privacy of the individual unless the Central Public Information
      Officer or the State Public Information Officer or the appellate
      authority, as the case may be, is satisfied that the larger
      public interest justifies the disclosure of such information:
      Provided that the information which cannot be denied to the
      Parliament or a State Legislature shall not be denied to any
      person. “

10. Now I shall deal with each of the respective contentions raised by the Appellant in the appeal before me.

11. The Appellant has contended that the information pertaining to the Income Tax returns filed by his father­ in­law is an information within the ambit of Proviso to Section 8(1)(j), i.e. those IT returns cannot be denied to the Parliament or a State Legislature. Here, we look towards the enlargement of intent of this proviso by Hon’ble Sanjiv Khanna J. in his decision dated 30.11.2009 in Writ Petition (Civil) Nos.. 8396/2009, 16907/2006, 4788/2008, 9914/2009, 6085/2008, 7304/2007, 7930/2009 AND 3607 OF 2007, wherein he stated “ The proviso in the present cases is a guiding factor and not a substantive provision which overrides Section 8(1)(j) of the RTI Act. It does not undo or rewrite Section 8(1) (j) of the RTI Act and does not itself create any new right. The purpose is only to clarify that while deciding the question of larger public interest i.e. the question of balance between ‘ public interest in the form of right to privacy and ‘public interest in access to information is to be balanced.” It is now apposite to peruse through Section 138 of the Income Tax Act, 1961 (43 of 1961), which is as follows:

“ Section 138 -DISCLOSURE OF INFORMATION RESPECTING ASSESSEES.

      (1)
      
      (a) The Board or any other income-tax authority specified by it
      by a general or special order in this behalf may furnish or
      cause to be furnished to –
      
      (i) Any officer, authority or body performing any functions
      under any law relating to the imposition of any tax, duty or
      cess, or to dealings in foreign exchange as defined in section
      2(d) of the Foreign Exchange Regulation Act, 1947 (7 of 1947); or
      
      (ii) Such officer, authority or body performing functions under
      any other law as the Central Government may, if in its opinion
      it is necessary so to do in the public interest, specify by
      notification in the Official Gazette in this behalf, any such
      information received or obtained by any income-tax authority in
      the performance of his functions under this Act as may, in the
      opinion of the Board or other income-tax authority, be necessary
      for the purpose of enabling the officer, authority or body to
      perform his or its functions under that law.
      
      (b) Where a person makes an application to the Chief
      Commissioner or Commissioner in the prescribed form for any
      information relating to any assessee received or obtained by
      any income-tax authority in the performance of his
      functions under this Act, the Chief Commissioner or
      Commissioner may, if he is satisfied that it is in the
      public interest so to do,  furnish or cause to
      be furnished the information asked for and his decision in this
      behalf shall be final and shall not be called in question in any
      court of law.
      
      (2) Notwithstanding anything contained in sub-section (1) or
      any other law for the time being in force, the Central
      Government may, having regard to the practices and usages
      customary or any other relevant factors, by order notified in
      the Official Gazette, direct that no information or document
      shall be furnished or produced by a public servant in respect of
      such matters relating to such class of assesses or except to
      such authorities as may be specified in the order. ”

12. The legislative mandate is absolutely clear on the front that the Income Tax Returns of an assessee are held by the Chief Commissioner, Income Tax only and such cannot be accessed by any other body or authority except when the Chief Commissioner himself is of the opinion that such returns be furnished to a third party in light of public interest. In R. K. Jain Vs. Union of India (1993) 4 SCC 120 it was held that factors to decide the public interest immunity would include (a) where the contents of the documents are relied upon, the interests affected by their disclosure; (b) where the class of documents is invoked, whether the public interest immunity for the class is said to protect; (c) the extent to which the interests referred to have become attenuated by the passage of time or the occurrence of intervening events since the matter contained in the documents themselves came into existence; (d) the seriousness of the issue in relation to which the production is sought; (e) the likelihood that production of the documents will affect the outcome of the case; (f) the likelihood of the injustice if the documents are not produced……” It was further stated “The courts would allow the objection if it finds that the documents relates to the affairs of the state and its disclosure would be injurious to the public interest, but on the other hand, if it reaches the conclusion that the document does not relate to the affairs of state or that the public interest does not compel its non­disclosure or that the public interest in the administration of justice in the particular case before it overrides all other aspects of public interest, it will overrule the objection and order disclosure of the document”. I am inclined to say that the information sought is not granted immunity from disclosure as class of information. Protection of disclosure has to be ensured by balancing the two competing aspects of public interest i.e. when disclosure would cause injury or unwarranted invasion of privacy and on the other hand if non­disclosure would throttle the administration of justice.

13. It brings me to the second contention of the Appellant which revolves around the concept of “larger public interest”. According to the Appellant, the “State” is pursuing a criminal case against him and that since “State” has decided to prosecute him because of legal fiction created under Section 405 of IPC, automatically a “larger public interest” is involved in the matter. Section 405 of the IPC states that “ Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits ‘criminal breach of trust’.” Dowry Cases invariably have the component of ‘Criminal Breach of Trust’ relating to misappropriation of property. In case, the State relies upon the fiction of misappropriation, then the other party should have a right to know the details of property reflected in IT Returns which is alleged to be misappropriated.

14. The mandate of the RTI Act to disclose personal information under Section 8(1)(j) is even stricter since it appends the expression “larger” to “public interest”. Mere public interest will not suffice in the disclosure of personal information such as the IT Returns of an assessee unless the Applicant can prove that a “larger” public interest demands such disclosure. The expression “larger” cannot be defined or carved into a straight­ jacketed formula and neither can it be easily disposed of. If the Applicant incessantly stresses on the argument that false dowry cases are a matter of “larger public interest” and that the information relating to IT returns of his father­in­law be furnished to him, then an equally challenging rebuttal could be that the Income Tax Act, which defines the procedure of disclosure of such IT Returns to him, is a public policy which has been enacted by the State keeping in mind the larger good of the society. It is not the case of the Respondents that objection to disclosure of the documents is taken on the ground that it belongs to a class of documents which are protected irrespective of their contents, because there is no absolute immunity for documents belonging to such class.

15. In my view, having assessed the factual situation and the legal reasoning at hand, the correct position of law is that the right forum for seeking the IT Returns of an assessee by a third person is either the Chief Commissioner, Income Tax or the Concerned Court, if the matter is sub­judice. My view is furthered by the fact that the position after the repealing of Section 137 of the Income Tax Act, 1961 by Finance Act, 1964 is that the Court in a sub­judice matter can direct the IT Authorities to furnish the information pertaining to IT Returns of an assessee for inspection by the Court. Thus, disclosure will be warranted if such line of action is followed. There is no absolute ban on disclosure of IT returns.

16. Since, the present appeal raises important questions of law; it is our duty to apply the law as it stands today. In SP Gupta vs. UOI ([1982] 2 SCR 365), a seven judges bench of the Apex Court held that “ the Court would allow the objection to disclosure if its finds that the document relates to affairs of State and its disclosure would be injurious to public interest, but on the other hand, if it reaches the conclusion that the document does not relate to the affairs of State or the public interest does not compel its non­disclosure or that the public interest in the administration of justice in a particular case overrides all other aspects of public interest, it will overrule the objection and order the disclosure of the documents. ” It was further held that “ in balancing the competing interest, it is the duty of the Court to see that there is the public interest that harm shall not be done to the nation or public service by disclosure of the document and there is a public interest that the administration of justice shall not be frustrated by withholding the documents which must be produced if justice is to be done. ”

17. In light of the above view taken by the Apex Court, I am inclined to make an observation in this case. I have already discussed the settled point of law regarding public interest but it is in the pursuance of the principle of that public interest only where we feel that the information pertaining to net taxable income of an assessee for the period of year 2000 till date be furnished by following the Section 10 of the RTI Act to his Income Tax Returns. We shall distinguish the present case from the decision of the CIC in the case of Milap Choraria vs. Central Board of Direct Taxes (Appeal No. CIC/AT/A/2008/00628) as decided on 15.06.2009 and in the case of P.R. Gokul vs. Commissioner, Income Tax, Kottayaam (CIC/AT/A/2007/00405) decided on 15.06.2007. The Milap Choraria Case (supra) did not deal with the issue of information pertaining to net taxable income per se while the Gokul Case (supra) was not centered around the issue of larger public interest for the purpose of disclosure of net taxable income, unlike the present case. In S.P. Gupta case (Supra), Supreme Court stated “The language of the provision is not a static vehicle of ideas and as institutional development and democratic structures gain strength, a more liberal approach may only be in larger public interest.”

18. We direct the CPIO to furnish the information pertaining to the net taxable income of Shri Munna Lal Saini, the father­in­law of the Appellant, for the period of year 2000 till 15.09.2009 ( i.e. the date of the Appellant’s RTI Application) to the Appellant within 10 days.

19. The Appeal is accordingly disposed of.

(Smt. Deepak Sandhu)
Information Commissioner (DS)

Authenticated true copy:
(T. K. Mohapatra)
Dy. Registrar

Copy to:­

1. Sh. Manoj Kumar Saini
Plot No. 69, Adarsh Krishna Nagar,
l Kartarpura,
Jaipur­302006

2. The Central Public Information Officer
The Chief Commissioner of Income Tax
O/o the Commissioner of Income Tax
Ward 3(1) , Jaipur

3. The Appellate Authority
Addl. Commissioner of Income Tax,
Range.3 Ward 3(1 ), Jaipur.