If you or your family member is fearing an arrest (pre or post 498a), here is what you might want to consider trying -
Write a short letter to the commissioner of police with a copy to the local police station (copy to others as you see fit and keep a copy with yourself, give one to the neighbour) on the following lines -
To
The Commissioner of Police
Respected Mr Commissioner -
We, the undersigned, residents of xxx, have been (or likely to be) accused of unsubstantiated harassment allegations by yyyy. We hereby pledge full cooperation in any investigation the police needs to conduct in this matter.
In this connection, we would like to bring to your kind attention the judgment of Supreme Court in the Joginder Kumar vs State of UP (copy of which is enclosed, also attach these Police circulars from Delhi & Hyderabad Police heads) and the recent advisory on 498a issued by the Ministry of Home Affairs to all State and Union territory chief secretaries(issued in October 2009, giving directions that arrests should not be made in case of IPC 498a cases, and that investigations as per guidelines should be conducted). Since we are pledging full cooperation in your investigation, we request an assurance from you that officials from your department will not arrest the undersigned without sufficient cause and without thorough investigation of the facts.
Your faithfully
XYZ
PS: Address this petition/letter to the Commissioner of Police and Copy it to the Investigation Officer, the concerned local Police station's in charge/senior officer, DCP/ACP/SP of the police station's Zone, DGO of the State, Law/Home Minister of the State and Center, Prime Minister, President, Ministry of Women and Child Development, Ruling party leaders, Opposition Leaders, local MPs/MLAs, Collector, The Private Secretary to Minister-Ministry of social Justice & Empowerment, Shastri Bhawan, New Delhi .
All these higher ups has a good chance to mark your memos/letters downwards, which will eventually reach the concerned IO/Station In charge asking them for status and specific questions, this will put tremendous pressure on these lower officials and they will have to adhere to what is legal and proper
Even if the higher ups do not take any action, the lower officials see their names in the "Copy To" area and start behaving properly!. This is why your petitions should be marked to as many officials and luminaries as possible - Pressure from the system , will ensure justice!
See more inputs at this post: http://at498a.blogspot.com/2008/04/arrest-guidelines-in-case-of.html
Also refer http://commandos.in/wiki/sif/activism/legis/how-to-write-letter-to-lawmakers
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