Video Details: NDTV News- Delhi Police Commisioner's Circular (No Arrest without Investigation or Sanction from ACP?DCP- in case of complaints under IPC sections 498, 406
Commisioner of Police, Delhi has issued a circular to all police stations in Delhi,
The instructions in this circular are:1)Full investigations before any arrest in case of Indian Penal Code sections 498a & 406 2)Sanction of ACP required for arrest of prime accused, sanction of DCP required for arrest of other co-accused. There three such circulars from Delhi police now.
See a Tv program about this Delhi police circular in CNN-IBN
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A Plea to file RTIs for all states to get Similar Circulars to all Police Stations in the state
IMPORTANT : This message is of common interest, for all Indian States- if we do this exercise all over India we will make a quantum jump in tackling the menace of 498a(arrests by police could avoided to a large extent, even without Anticipatory bails). So please read carefully
Hi SLV,
Here is some stuff which you have to use with conviction(they are not the panacea you are looking for, but they could be, if you use it well. The Hyderabad group has used these material and had avoided an arrest(See http://groups.yahoo.com/group/saveindianfamily/message/83251 and its threads), so take the help of the Delhi group and do it for yourselves, but you need to do some work too ok, here is the plan)
See the links below, mainly
1) Hyderabad Police Commissioner has issued a memo to all AP police stations based on the judgement(Joginder Kumar Vs State of UP) , there will be similar memo issued by Commissioner of Police to all Police stations in delhi, similarly in other states of India (since the judgement below has directed all the states to issue such a memo and most likely all the commissioner of police would have issued them around 2002 like in Hyderabad). So take some help from our delhi team and get the Similar memo for Delhi through Right to Information(RTI, similarly others can do for their states).
2) judgement(Joginder Kumar Vs State of UP- Powers Of The Police To Arrest )
3) judgement(Allahabad HC reiterating the judgement of Joginder Kumar Vs State of UP)
Hope you are in touch with the delhi team, if not ask someone to contact them tomorrow(Saturday) when they have their weekly meeting in Patiala House(Gate no.2, at the Lawns there, from 4PM to 7 or so). For phone numbers see http://www.savefamily.org/)
Hi All in the group,
I wish all the states do this RTI work and get the respective commissioner memo which follows the Judgement of Joginder Kumar Vs State of UP. These memos will help the local groups to avoid arrests of families accused of false 498a, if we do this all over India with at least some rate of success we would have made a quantum jump in tackling the menace of 498a.
1) Here is the link to the judgments and Hyderabad Commissioner Memo:
http://ipc498a.files.wordpress.com/2008/03/hyd-police-comm-memo-498a-no-arrest.jpg
for complete details see http://ipc498a.wordpress.com/2008/03/29/hyd-comm-of-police-no-arrest-without-permission-of-dcp-in-498a-cases-2002/
There will be an equivalent of this order from the Delhi police commissioner, etc.(other State guys please put RTIs to fish out the respective Commissioner of Police memos, there is one in Mumbai which I am going to get soon), get that through RTI.
2) Powers Of The Police To Arrest In Accordance With Joginder Kumar Vs State Of UP
http://ipc498a.files.wordpress.com/2008/03/joginder-kumar-vs-state-of-up-apr-1994.pdf
Read the contents of this link as well to get the complete picture:http://ipc498a.wordpress.com/2007/09/23/magna-carta-and-joginder-kumar-vs-state-of-up/
3) Allahabad HC Reiterate Powers Of The Police To Arrest In Accordance With Joginder Kumar Vs State Of UP
http://ipc498a.wordpress.com/2007/10/29/allahabad-hc-reiterate-powers-of-the-police-to-arrest-in-accordance-with-joginder-kumar-vs-state-of-up/
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Whenever members manage to get the Memo of CP of their respective states through RTI, please send a scanned copy to me by private mail, so that I can get them incorporated in the Survival Guide(take a look at this wonderful resource if you all have not : http://ipc498a.files.wordpress.com/2008/04/a-guide-to-surviving-ipc498a-apr-2008-indexed.pdf ).
Warm Regards,
Gokul,
http://gokul.go.to, 9821414336(Mumbai)
Editor - www.siftimes.com , Director- http://www.pifngo.info/
Protect Indian Family: "For Family Harmony.. Against Legal Terrorism"
Re: Can CAW arrest?
Posted by: "stupidlawvictim"
Fri Apr 11, 2008 10:48 am (PDT)
I have read the survival guide. It was definitely helpful. However, there are some issues ... Since the complaint at CAW cell is already made, apparently we can notget AB as easily. The girls side will also be brought to table andthey will try to stop it. If I get AB in Delhi, apparently I can get it very easily for a fewdays (say 15 days). However, if my in laws dont file a FIR by thattime, it is waste. Say, they file the FIR on 20th day and police comesto arrest on 25th day, the AB would have already expired. Lastly, it is only my old parents who are in India. If they arearrested, yes, I will be afraid of that possibility. My father can noteven move. My sister will be appearing for 12th. It will be disastrousif they are arrested. Net net .. I dont have a fool proof plan to tackle the summon from CAWcell. I and my old parents need help
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You can send this petition to your Commissioner of Police to try and avoid arrest in case of false 498a: http://at498a.blogspot.com/2008/05/impending-498a-send-this.html
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A related order of High Court Chennai: TN women cops use third degree to solve wedding woes
